Wage & Hour

  • October 09, 2025

    2 NLRB Picks Advance, 1 Member Nom Stalls

    The U.S. Senate labor committee on Thursday cleared two of the president's nominees to the National Labor Relations Board — including the general counsel pick whose nomination appeared stalled — but withheld a third whose ties to Boeing drew criticism at his confirmation hearing last week.

  • October 09, 2025

    Whistleblower Asks High Court To Revive NASA Fraud Case

    A whistleblower is urging the U.S. Supreme Court to revive a False Claims Act suit accusing a NASA contractor of overbilling, arguing that the Sixth Circuit wrongly let the government dismiss the case without considering the whistleblower's time and money commitment.

  • October 09, 2025

    Mich. To Allow Tax Deductions For Tips, OT Pay

    Michigan will conform to the federal tax deductions for tip income and overtime pay under a bill signed by Democratic Gov. Gretchen Whitmer.

  • October 09, 2025

    'Moonlighting' Atty Must Arbitrate Wage Claims, Ga. Firm Says

    John Foy & Associates PC told a Georgia federal court that a former firm attorney breached her employment agreement by "moonlighting" with another firm during her employment and then filing a wage suit against John Foy & Associates instead of pursuing her claims in confidential arbitration.

  • October 09, 2025

    Retailer Faces Class Action Over Excluding Bonuses From OT Pay

    A Colorado retail supplier was hit with a proposed collective action in federal court Thursday from a former employee who said it failed to properly calculate overtime premiums.

  • October 09, 2025

    Calif. Enacts Law To Boost Pay Parity Protections

    A California law aimed at increasing the accuracy of the compensation estimates that state employers are required to include in job postings and signed by Gov. Gavin Newsom makes clear that perks such as stock options are considered wages and expands the limitations window for pursuing pay bias claims.

  • October 08, 2025

    Tech Services Co. Fired IT Chief For FMLA Request, Court Told

    A provider of business technology services terminated its information technology director after 21 years of service following his request to take time off to care for his wife while she recovered from endometriosis-related surgery, according to a complaint filed in Ohio federal court.

  • October 08, 2025

    Bus Driver Snags Class Cert. In Wage Row

    A bus driver snagged class certification for her claims that a transportation company failed to provide accurate wage statements and paid wages due upon termination, a California federal judge ruled, finding that class treatment is appropriate.

  • October 08, 2025

    $20M Deal Over Wash. Hospital Wage Claims Gets Final OK

    A Washington state judge has given the final sign-off on a $20 million deal resolving a class action alleging that the state of Washington, doing business as the University of Washington Medical Center, shortchanged healthcare workers by rounding their hours worked and denying them second meal breaks on longer shifts.

  • October 08, 2025

    Chili's Servers Cleared To Pursue Meal Break, Expense Claims

    Two Chili's food servers can continue with their claims that they were unable to take meal and rest breaks and were not reimbursed for cellphone use, a California federal judge ruled, but he winnowed the Chili's entities facing the allegations.

  • October 07, 2025

    EMS Workers Tell 4th Circ. NC County Owes Them Wages

    Emergency medical services workers argued that a North Carolina county created a "mathematical impossibility" when it calculated their wages, urging the Fourth Circuit to flip a federal court's ruling that the county didn't owe them anything despite having violated federal law.

  • October 07, 2025

    Senate Confirms Boyden Gray Atty As Trump's Labor Solicitor

    The Senate confirmed on Tuesday a Boyden Gray PLLC managing partner as President Donald Trump's nominee for labor solicitor, the third-highest-ranking position at the U.S. Department of Labor.

  • October 07, 2025

    Gov't Shutdown Limits DOL's Wage Enforcement

    Workers across the country could experience delays in recovering back pay and employers are less likely to face wage and hour investigations as the federal government shutdown affects the U.S. Department of Labor.

  • October 07, 2025

    United, Teamsters Move To Toss Mechanic's Pay-Dispute Suit

    United Airlines and the Teamsters are both seeking an early exit from a technician's suit alleging that the union failed to pursue his grievance accusing United of violating a raise policy in its labor contract, arguing that his claims shouldn't be resolved in California federal court.

  • October 07, 2025

    Ex-Reed Smith Atty Says NJ Pay Bias Law Goes Back 6 Years

    A former Reed Smith LLP attorney suing the firm for gender discrimination told a New Jersey appeals court Tuesday that a 2018 equal pay law was intended by the Legislature to be a "game changer" and be applied retroactively, expanding the scope of her claims.

  • October 07, 2025

    11th Circ. Won't Halt Labor Mandate Case For Gov't Shutdown

    The federal government can't stay a builders association's case challenging an executive order that requires union-favoring labor agreements for expensive government contracts, the Eleventh Circuit ruled, declining a request made in light of the government shutdown.

  • October 07, 2025

    United Can't Sanction Ex-Flight Attendant Over Pay Suit

    A former United Airlines flight attendant will avoid sanctions in his now-ended suit seeking unpaid wages, a New York federal judge ruled, saying he didn't abuse the judicial process even if his evidence that state law applied to his claims was weak.

  • October 06, 2025

    New H-2A Wage Rule May Worsen Farm Labor Shortages

    A new regulation revamping wage calculations for workers on temporary H-2A visas is being welcomed by agricultural employers, but the possibility of depressed wages could tie up the policy in litigation at a time when the Trump administration is predicting farm labor shortages.

  • October 06, 2025

    Pa. Hospitals Ink $28.5M Deal In No-Poach Deal Antitrust Fight

    Two hospitals will pay a combined total of $28.5 million to approximately 12,000 healthcare workers who alleged the defendants illegally agreed not to poach each other's doctors and nurses, which suppressed wages and job mobility opportunities in the area, according to a preliminary approval motion filed Friday in Pennsylvania federal court. 

  • October 06, 2025

    NJ Justices Seem Skeptical Wage Law Excludes Immigrants

    The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.

  • October 06, 2025

    Justices Won't Review EFAA's Effect On Wage Claims

    The U.S. Supreme Court rejected on Monday an invitation to consider whether the 3-year-old Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can also push workers' wage and hour claims into federal court.

  • October 06, 2025

    Amazon Fails To Pay Area Managers Overtime, Court Told

    Amazon misclassified area managers as overtime-exempt even though they mostly worked on handling packages, leading to unpaid overtime, a former employee said in a proposed class action now removed to Washington federal court.

  • October 06, 2025

    8th Circ. Revives Part Of Legal Tech Worker's OT Dispute

    The Eighth Circuit said in a published opinion Monday that the Minnesota federal district court must reexamine whether it has jurisdiction over an employee at legal document review company Consilio's pursuit of statutory damages for unpaid overtime under the Minnesota Fair Labor Standards Act.

  • October 06, 2025

    DJ Company Misclassified Workers, NJ Panel Rules

    A New Jersey wedding DJ services company misclassified its entertainers as independent contractors rather than employees, the state appeals court ruled, affirming the state Department of Labor's $45,645 judgment against the company.

  • October 06, 2025

    Baseball's Antitrust Exemption Escapes High Court Review

    The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.

Expert Analysis

  • H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues

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    The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.

  • Calif. Justices Usher In Stricter Era For Wage Law Ignorance

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    In Iloff v. LaPaille, the California Supreme Court determined that neither an employer's ignorance of wage obligations nor a worker agreeing to an unconventional arrangement is sufficient to establish good faith, demonstrating that the era of casual wage arrangements without legal vetting is over, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Wash. Ruling Raises Pay Transparency Litigation Risk

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    Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.

  • A Mortgage Lender's Guide To State Licensing Overhaul

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    Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.