Wage & Hour

  • May 30, 2025

    DOL Wage Policy Team Brings Biz-Friendly Experience

    The U.S. Department of Labor’s new Wage and Hour Division political appointees came from firms that have defended management in wage litigation, companies that have faced employment law claims, a Senate committee that scrutinized the Biden DOL and a state that is considered employer-friendly. Here, Law360 looks at the new leadership team.

  • May 30, 2025

    NY Forecast: Judge Weighs Jury Trial Demand In Layoffs Suit

    This week, a New York federal judge will hear arguments over whether a class of former workers at a Four Seasons hotel can withdraw their request for a jury trial in their suit claiming the hotel did not provide required notices before laying them off.

  • May 30, 2025

    Rehab's Ex-Kitchen Worker Drops Unpaid Wage Case

    A former kitchen worker for a drug and alcohol rehabilitation center is no longer pursuing his claims that the nonprofit failed to pay him minimum and overtime wages, and sometimes didn't pay him at all, according to a filing Friday in Georgia federal court.

  • May 30, 2025

    Energy Co. Fired Worker In Retaliation For Probe, Court Told

    A clean energy manufacturing company failed to pay a former employee all his wages and then fired him after he raised safety concerns, the worker told a North Carolina federal court Friday.

  • May 29, 2025

    OPM Memos Push Changes In Federal Hiring Based on 'Merit'

    The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.

  • May 29, 2025

    2nd Circ. Backs Ambulance Co. In Ex-Worker's FMLA Suit

    The Second Circuit refused Thursday to revive a former paramedic's lawsuit claiming an ambulance operator unlawfully refused to return him to a supervisory job after he returned from medical leave, saying he wasn't able to work until three months after his federally protected leave expired.

  • May 29, 2025

    Masimo Founder Slaps Board With Lawsuit Over His Ouster

    The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.

  • May 29, 2025

    Wash. Justices Upend Cannabis Co. Win In Wage Suit

    Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.

  • May 29, 2025

    Home Appraisers' Overtime Suit Moves From NY To Ill.

    A lawsuit accusing an Arizona-based home appraisal company of failing to pay real estate staff appraisers overtime will move to Illinois, after a New York federal judge agreed with a magistrate judge's recommendations that the case needed to move to where the key witnesses are.

  • May 29, 2025

    TikTok Says Sales Reps' Overtime Suit Belongs In Arbitration

    TikTok sales representatives must arbitrate their claims that they were misclassified as overtime-exempt, the social media platform told a California federal court, arguing that the workers signed valid arbitration pacts and that an arbitrator should decide any enforceability issues,

  • May 29, 2025

    W&H Expert Says Future Of NY Manual Worker Claims Unclear

    Attorney Jeff Ruzal said the recent amendment to New York’s Labor Law reducing the steep liability for frequency-of-pay claims is welcome reform for the state's employers, but the change is narrow and questions remain about key threshold issues. Here Law360 speaks with Ruzal, an expert in New York wage and hour law, about the future of frequency-of-pay claims.

  • May 29, 2025

    9th Circ. Wants Damages Tweaked In Staffing Co. FMLA Suit

    A former employee can't seek front pay or be reinstated to her role at a healthcare staffing firm after a federal jury found she was fired for exercising her rights under the Family and Medical Leave Act, but certain damages the jury awarded her should be given another look, the Ninth Circuit ruled.

  • May 29, 2025

    Drivers Snag A Narrowed Class Cert. In Misclassification Row

    An Illinois federal judge narrowed a class of drivers accusing a company that provides hazmat freight delivery services of misclassifying them as independent contractors, targeting the class to one of the classification test's prongs and letting out-of-state residents join.

  • May 29, 2025

    Home Loan Co. Accused Of Failing To Pay Overtime

    A lending company required loan processors to put in about 80 hours of work during some weeks but did not pay them overtime wages for the extra time, a worker said in a proposed collective action filed in Arizona federal court.

  • May 28, 2025

    Flooring Co. Faces Trafficking, Forced Labor Suit In Ga.

    An Oregon-based flooring manufacturer has been sued in Georgia federal court by a group of Chinese nationals who allege they were brought to the U.S. to work at a flooring manufacturing facility in Cartersville, Georgia, then exploited, underpaid and subjected to forced labor.

  • May 28, 2025

    DOJ Says Justices' Ruling Backs Nursing Exec's Conviction

    The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.

  • May 28, 2025

    4 Tips For Employers As NJ's Pay Range Requirements Kick In

    A New Jersey law requiring employers to include a pay range in both internal and external job postings goes into effect June 1, and businesses in the state should be sure they have their ducks in a row. Here, management-side lawyers offer four tips to help employers prepare.

  • May 28, 2025

    Fla. Ambulance Co. Must Make Missed Payments In OT Deal

    An ambulance service will have to shell out the remaining $42,500 it owes to a group of emergency medical technicians and paramedics to settle their overtime after having missed payment deadlines several times, a Florida federal court ordered Wednesday.

  • May 28, 2025

    Vail Ski Instructors Can't Expand Collective In Wage Suit

    Snow sport instructors cannot revisit previous court orders denying class treatment in their wage and hour lawsuit against Vail Resorts, a Colorado federal judge ruled Wednesday, saying the case will proceed in its current form as a collective action.

  • May 28, 2025

    Ex-Texas Solicitor General Accused Of Harassment In Suit

    A new lawsuit from a onetime executive assistant at Stone Hilton PLLC alleges various forms of misconduct at the firm and claims that one of its founders resigned from Texas Attorney General Ken Paxton's office amid sexual harassment allegations.

  • May 28, 2025

    NJ Firm Loses Bid To Toss Worker's Wage Suit

    A New Jersey personal injury law firm will not be able to escape a former employee's lawsuit alleging she was paid less than men and harassed while pregnant, a state court judge ruled, saying that she fulfilled discovery demands.

  • May 28, 2025

    Orlando Fire Dept. Must Face District Chiefs' Unpaid OT Suit

    High-ranking district chiefs cannot claim they are shielded from overtime pay exemptions because they are first responders, a Florida federal judge ruled, but the Orlando Fire Department has not shown that it was in the clear to deny them the premium wages.

  • May 28, 2025

    University Of Utah Claims Immunity From Boot-Up Pay Suit

    The University of Utah is an arm of the state and is therefore shielded against a proposed class and collective action accusing it of failing to pay customer service workers for the time they spent booting up their computers, the school told a federal court.

  • May 28, 2025

    Fla. Construction Co. To Pay $594K To End DOL Probe

    A Florida construction company will pay more than $594,000 to put an end to the U.S. Department of Labor's investigation into allegations that it failed to pay workers overtime wages, the department said.

  • May 27, 2025

    2nd Circ. Revives Girl Scouts Race Bias Claim, Rejects Others

    The Second Circuit on Tuesday declined to revive claims from former officers for a New York Girl Scouts chapter who said they suffered retaliation after complaining that the group misused pandemic relief loans, but held that one plaintiff can pursue racial bias allegations.

Expert Analysis

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

    Author Photo

    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

    Author Photo

    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

    Author Photo

    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

    Author Photo

    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

    Author Photo

    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

    Author Photo

    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

    Author Photo

    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

    Author Photo

    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

    Author Photo

    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

    Author Photo

    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

    Author Photo

    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

    Author Photo

    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.