Wage & Hour

  • July 03, 2025

    BofA Beats Class Cert. Bid Over Vacation Pay, For Now

    A California federal judge Thursday refused to certify three putative classes of former Bank of America employees who accused the bank of not paying them their accrued, unused vacation time, saying a proposed class representative seemingly wasn't eligible for vacation time accrual.

  • July 03, 2025

    Pa. School District Fights $2.7M Fee Bid After $165K Verdict

    The Central Bucks School District in Pennsylvania says counsel representing two female teachers awarded $165,000 in an equal pay lawsuit should not be given $2.7 million in fees, arguing that request is not proportionate to the result.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    DOL Looks To Rescind Rule Ending Subminimum Wage

    The U.S. Department of Labor is backtracking on a proposed rule that would have ended a program allowing employers to pay workers with disabilities below the federal minimum wage, saying ending the program could result in a lack of employment opportunities for disabled individuals.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Call Center Co. Wants Out Of Misclassification Suit

    A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."

  • July 03, 2025

    Opinion Letters Offer DOL 'Soft Power,' Attys Say

    U.S. Department of Labor opinion letters give businesses backup assistance to comply with wage and hour law, but it is a tool that has been politicized and viewed as potentially skewed in favor of employers, attorneys say.

  • July 03, 2025

    PWFA Litigation Comes Into Focus In 1st Half Of 2025

    The second anniversary of the Pregnant Workers Fairness Act's effective date recently passed, and though courts haven't shed much light yet on how they'll interpret the statute, new suits and settlements from the U.S. Equal Employment Opportunity Commission offer insights for both employers and workers. Here, Law360 offers a midyear overview of the EEOC's efforts to enforce the PWFA.

  • July 02, 2025

    Moving Help Co. Accused Of Misclassifying Drivers

    An on-demand moving and delivery service classifies workers as independent contractors — despite exercising substantial control over their work — and refuses to reimburse drivers for the costs they incur from buying gas and paying tolls, according to a proposed class action filed in California state court.

  • July 02, 2025

    DC Tipped Minimum Wage Hike Put On Ice

    Tipped workers will not see a $2 boost in their hourly wages this week after the D.C. City Council voted to pause a scheduled minimum wage increase that could spell trouble for a ballot initiative designed to match up minimum wages for both tipped and nontipped workers.

  • July 02, 2025

    TikTok Can Arbitrate Most Sales Reps' Claims Of Unpaid OT

    A lawsuit by a group of sales representatives accusing TikTok of incorrectly classifying them as exempt from earning overtime can largely be sent to arbitration, a California federal judge ruled, saying all but one worker signed an agreement that mandates employment disputes stay out of court.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

  • July 01, 2025

    Amazon Beats Cert. Bid By 150K Flex Drivers In Tip Dispute

    A Washington federal judge refused to certify a proposed class of 150,000 Amazon Flex drivers who said Amazon pocketed their tips, ruling on Tuesday that Amazon's earlier $61.7 million settlement with the Federal Trade Commission already provided relief, and litigating the case as a class action would be costly and duplicative.

  • July 01, 2025

    EEOC Wraps Up June With A Flurry Of Suits

    The U.S. Equal Employment Opportunity Commission filed a spate of new cases as June ended, including suits alleging that an executive asked a worker to enter a sexual contract, a company required an applicant to take an electrocardiogram, and Walmart pushed out a worker returning from COVID-19 leave. Here, Law360 takes a look at seven lawsuits the EEOC filed Monday.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Teamsters Unit, UPS Duel Over Reinstated Worker's Back Pay

    UPS must shell out a specified back pay amount ordered by an arbitration panel for a reinstated worker, a Teamsters local told a Pennsylvania federal court, arguing the award clearly required the company to provide a certain amount of compensation that did not factor in unemployment benefits.

  • July 01, 2025

    Amazon Escapes Worker's Military Leave Suit

    A former Amazon employee cannot show that she was fired because she requested to take military leave or because she needed to care for her son, a New York federal judge ruled, saying she can't rebut the company's argument that she was fired for violating security protocol.

  • July 01, 2025

    4th Circ. Says Rig Worker Not A Party To Arbitration Pact

    A rig worker's limited liability company — but not the worker himself — is a party to an oil and gas company's arbitration agreement, the Fourth Circuit ruled Tuesday, rejecting the firm's bid to send the former employee's wage and hour suit to arbitration.

  • July 01, 2025

    NY Equinox Trainers Score $12M In Unpaid Wages Settlement

    A New York federal court has given final approval to a $12 million settlement between upscale gym chain Equinox and its personal trainers, whose Fair Labor Standards Act lawsuit accused the company of shorting them on overtime wages.

  • July 01, 2025

    DOL Rule Would Reverse Obama-Era Domestic Worker Regs

    The U.S. Department of Labor is looking to roll back Obama-era regulations that redefined domestic service workers and required they be paid minimum and overtime wages, saying returning to regulations from 1975 could help expand access to care services.

  • July 01, 2025

    Boston Globe, Former Exec Settle Ahead Of Trial Over Firing

    The Boston Globe and a former high-ranking executive have reported settling a lawsuit over his 2021 firing, days before a trial in Massachusetts state court was set to begin.

  • June 30, 2025

    DOL Plans To Nix H-2A Farmworker Organizing Protections

    The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.

Expert Analysis

  • New Law May Reshape Fla. Employer Noncompete Strategy

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    With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • FLSA Interpretation Patterns Emerge 1 Year After Loper Bright

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    One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • 5 Insurance Claims That Could Emerge After NCAA Settlement

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    Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Dissecting House And Senate's Differing No-Tax-On-Tips Bills

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    Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.