Wage & Hour

  • May 12, 2025

    5th Circ. Pauses DOL Overtime Rule Challenge

    The Fifth Circuit paused the U.S. Department of Labor's challenge to a Texas federal court decision vacating a rule that raised salary thresholds for considering employees overtime-exempt under federal wage law, the latest pause affecting Biden-era rules after the change in administration.

  • May 12, 2025

    BofA Says Ex-Worker Can't Be Class Rep In Unpaid PTO Suit

    A lending officer is unfit to represent a proposed class of employees who claim they were not paid for unused vacation time when they left the company, Bank of America told a California federal court, saying the former employee was ineligible to accrue vacation time.

  • May 12, 2025

    Electrical Engineering Co. To Pay $1.4M To End DOL Probe

    An electrical engineering company agreed to pay $1.4 million to more than 2,600 employees to resolve the U.S. Department of Labor's allegation that it shorted workers on overtime wages, the department said.

  • May 12, 2025

    BB&K Litigator Joins Jackson Lewis In San Diego

    Employment law firm Jackson Lewis PC is growing its West Coast ranks, bringing in a Best Best & Krieger LLP litigator as a principal in its San Diego office.

  • May 09, 2025

    NY Gov. Amends Frequency Law's Liquidated Damages Clock

    New York Gov. Kathy Hochul on Friday approved changes to the state's highly litigated law requiring manual workers to be paid weekly, including changes to liquidated damages workers could receive from violations, as part of the fiscal year 2026 budget.

  • May 09, 2025

    Workers Behind Bars: The Push For Fair Pay In Detention And Prison

    Prisoners returning from a farm detail are escorted by a prison guard mounted on a horse that had been broken by the prisoners at Louisiana State Penitentiary in Angola, Louisiana. (AP Photo/Gerald Herbert)

  • May 09, 2025

    Immigrants Find Workers' Rights Behind Bars

    Immigration detainees are bringing about a sea change in workers’ rights behind bars, chipping away at the assumption that people in civil detention or in prison fall outside the reach of minimum wage laws and protections against forced labor.

  • May 09, 2025

    Working While Caged: The Fight To End Forced Prison Labor

    Inmates battling wildfires are just the tip of the iceberg in a largely invisible workforce of more than 800,000 people who work for meager pay while incarcerated. Civil rights lawyers, advocates and some elected officials are pushing to change the legal framework that enables prison labor practices, which many trace back to American slavery and the 13th Amendment.

  • May 09, 2025

    NY Forecast: X Arbitration Fees Dispute At 2nd Circ.

    This week, the Second Circuit will consider social media platform X's attempt to reverse a lower court order requiring it to pay fees for arbitration proceedings with employees who claim they were not paid the full amount of severance they were owed. Here, Law360 looks at this and other cases on the docket in New York.

  • May 09, 2025

    Disney Nears Prelim Approval On $43M Gender Pay Bias Deal

    A California judge said Friday he intends to grant preliminary approval of a $43.25 million class action settlement in a suit alleging Disney paid thousands of women in middle management less than their male colleagues.

  • May 09, 2025

    NY Lawmakers Seek To Close Salary History Loophole

    A New York proposal to bar employers from asking job candidates about their salary expectations shows how states must keep refining and innovating pay disclosure laws as they learn lessons from real-world compliance.

  • May 09, 2025

    X Paying Millions In Severance Arbitration Losses, Atty Says

    X Corp. has lost nine out of every 10 arbitrations over former Twitter employees' claims they were shorted on severance payouts after Elon Musk's takeover of the social media company, resulting in awards ranging from $100,000 to millions of dollars, one of the workers' attorneys told a California federal judge.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Fisher Phillips Opens Tokyo Office Amid Regulatory Shifts

    Employer-side labor law firm Fisher Phillips has launched a Tokyo office in response to increasing client demand from American and multinational companies doing business in Japan and from Japanese companies doing business in the Americas.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Utah Liquor Workers Snag Collective Certification In OT Suit

    Package agents can move forward as a collective in their suit accusing the Utah Department of Alcoholic Beverage Control of misclassifying them as independent contractors, a federal judge ruled, saying the state failed to show how the workers weren't similarly situated.

  • May 09, 2025

    Calif. Forecast: Petroleum Cos. $7M Wage Deal Before Court

    In the coming week, attorneys should watch for the potential initial approval of a $7.2 million deal in a proposed wage and hour class action against Marathon Refining Logistics Services and related companies. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Google Strikes $50M Deal To End Black Workers' Bias Suit

    Google has agreed to pay $50 million to resolve a proposed class action claiming the technology giant paid thousands of Black workers less than their white colleagues and provided them scant opportunities for advancement, according to a filing in California federal court.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    The Undoing Of Biden's Wage-Hour Legacy Has Begun

    Wage and hour rules issued under former President Joe Biden are already on the chopping block just more than 100 days into President Donald Trump’s second term, as the U.S. Department of Labor halts enforcement of independent contractor and federal contractor minimum wage requirements. Here, Law360 explores the status of three Biden-era rules.

  • May 08, 2025

    Listen: Prison Wages Debate Evolving With Petitions Pending

    The debate regarding whether incarcerated people who perform work are employees and thus entitled to federal wage and hour protections is set to continue to develop. Listen to Law360 Explores: Subminimum Wage Part 2.

  • May 08, 2025

    Key Question In Inmates' Wage Fight: Are They Employees?

    Despite a growing body of case law laying out a blueprint for determining whether incarcerated workers are employees — which would legally entitle them to minimum wage and other protections — there is no definitive way to classify workers behind bars.

  • May 08, 2025

    Fogo De Chao Hit With Wage, Age Bias Suit In NY

    Brazilian steakhouse chain Fogo de Chao failed to properly pay servers and forced them to share tips with owners and managers while also discriminating against a former employee for his age, according to a proposed class and collective action filed Thursday in New York federal court.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.