Wage & Hour

  • November 20, 2025

    FedEx Says Drivers' Argument In OT Suit Is Late

    Drivers who worked for FedEx through intermediary entities were late in arguing that they spent enough time on light trucks to make them overtime-eligible, the company argued, pushing a Massachusetts federal court to toss their unpaid overtime suit.

  • November 20, 2025

    Dell Says Atty's Pregnancy Bias Suit Belongs In Arbitration

    A former in-house attorney for Dell can't pursue a lawsuit alleging that the company fired her because she chose to work remotely to accommodate her high-risk pregnancy, the technology company told a Massachusetts federal judge, arguing she is bound by an arbitration agreement.

  • November 20, 2025

    NJ Panel Expands Scope Of Ex-Reed Smith Atty's Bias Claims

    A New Jersey appellate panel on Thursday ruled that a former Reed Smith LLP attorney is entitled to pursue more damages and obtain expanded wage data in her gender discrimination suit against the firm, saying a trial court incorrectly applied certain statutes when it limited the damages and data she could seek.

  • November 19, 2025

    Travel Agents' Silence Requires Axing OT Suit, Judge Says

    Two travel agents abandoned their Fair Labor Standards Act suit claiming unpaid overtime against a New York travel agency and others and failed to respond to the court's calls, a federal magistrate judge said, recommending tossing their suit for good.

  • November 19, 2025

    Paramount Snags Win Over Ex-CBS Manager Bonus Case

    A former CBS News station manager failed to show that her bonus was promised as part of her wages, a Maryland federal judge said Wednesday, agreeing with Paramount that the bonuses were discretionary.

  • November 19, 2025

    Amazon Drivers Push For Class Cert. In Mass. Law Tip Suit

    Amazon delivery drivers who claim the e-commerce giant skimmed from their tips are asking a Seattle federal judge to revive claims under Massachusetts state law, arguing that drivers from that state may be eligible for "significant relief" beyond what they received through a 2021 settlement between Amazon and the Federal Trade Commission.

  • November 19, 2025

    Cintas Corp. Owes Wash. Workers OT And Breaks, Suit Says

    Cintas Corp., which provides supplies and services to businesses, routinely shortchanged Washington-based employees on rest and meal breaks, sick leave, overtime pay and other wages, according a proposed class action the employer took to federal court in the Evergreen State on Tuesday.

  • November 19, 2025

    Georgia Atty Told To Arbitrate Wage Claims Against Ex-Firm

    An Atlanta attorney was ordered to arbitrate her retaliation and harassment claims against her former firm after a Georgia federal judge determined that the employment agreement between the two sides requires any disputes to be settled in that way.

  • November 19, 2025

    9th Circ. Renews Exotic Dancer's Indirect Retaliation Claim

    The Ninth Circuit revived an exotic dancer's suit claiming a manager canceled their performance after the dancer sued another club for wage violations, ruling their employer didn't need to be directly responsible for the retaliation for the case to be viable.

  • November 19, 2025

    Paxton Deputies Seek To Block Subpoenas In Harassment Suit

    Two high-ranking attorneys in the Texas Office of the Attorney General this week blasted deposition subpoenas they got from a pair of former OAG lawyers facing a sexual harassment suit as the "epitome" of abusive discovery.

  • November 19, 2025

    Pharmacy Co., Ex-Worker Resolve Overtime Suit

    A New Jersey company that provides pharmacy services to long-term care facilities and a former hourly employee have reached a settlement in principle to end a proposed collective action alleging it failed to include shift differentials or bonuses in overtime wage calculations.

  • November 19, 2025

    COVID-19 Testing Co. Settles Wage Suit With Testers, Drivers

    A COVID-19 mobile testing company told a New York federal court that it has reached a settlement with a group of testers and drivers who claimed they were not paid full wages and overtime.

  • November 18, 2025

    Cognizant Accused Of Retaliation Over Ex-Worker's Claims

    A former employee of Cognizant Technology Solutions US Corp. claimed in Colorado state court Monday that the company retaliated against him for reporting a "make good" arrangement the company had with a client that he described as potentially illegal.

  • November 18, 2025

    Trade Groups Want Justices To Mull Collective Standard

    Two trade associations urged the U.S. Supreme Court to put an end to a lack of guidance courts have to deal with when it comes to certifying collectives, backing Eli Lilly & Co. in its efforts to have the justices take up an age discrimination case.

  • November 18, 2025

    Latino Atty Drops Bias, Retaliation Suit Against Va. Law Firm

    A Latino former managing partner for an employee-side law firm told a Maryland federal court Tuesday that he agreed to end his lawsuit claiming he was fired for flagging bias and advocating to raise a Black attorney's pay.

  • November 18, 2025

    DOL Wage Enforcement Resumes With Unclear Pace

    The U.S. Department of Labor is expected to resume wage and hour enforcement and regulatory and compliance activity now that the federal government shutdown has ended, though attorneys have different views on how quickly that will happen. Here, Law360 explores three areas to watch as the Wage and Hour Division resumes in full.

  • November 18, 2025

    MVP: Wigdor's David E. Gottlieb

    David E. Gottlieb of Wigdor LLP tested the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, securing a significant win in a discrimination case that reached the Second Circuit and earning him a spot among the 2025 Law360 Employment MVPs.

  • November 18, 2025

    San Francisco Nurses Can't Challenge FLSA OT Exemption

    Nurses who claim that the city of San Francisco failed to pay them the proper overtime rates fall under a Fair Labor Standards Act exemption, a California federal judge ruled, finding summary judgment necessary following a sanctions order limiting the nurses' evidence.

  • November 18, 2025

    Conn. Atty Fined $500 For AI-Generated Errors In Wage Suit

    In an order that noted an attorney's remorse, a Connecticut federal judge sanctioned a solo practitioner $500 this week for submitting a brief packed with false, AI-generated case citations, finding the fake authorities wasted court resources, risked misleading a pro se litigant and undermined trust in the judicial system.

  • November 18, 2025

    Arbitration Pact Can't Stop Busser's Harassment, Wage Suit

    A restaurant worker who claimed he was sexually harassed on the job and underpaid can keep his suit in New York federal court after a judge found that a law barring mandatory arbitration for sexual harassment disputes also shields his wage claims.

  • November 18, 2025

    Humana Ends Lawsuit Over Unpaid Preshift Work

    Humana Inc. and a former employee agreed to end a proposed class action alleging the company failed to compensate call center employees for the time they spent getting ready for their shifts, according to a Kentucky federal court filing.

  • November 18, 2025

    States' Challenge To Biden-Era Contractor Rule Officially Done

    A Texas federal court officially ended a challenge that Texas, Louisiana and Mississippi lodged against former President Joe Biden's increase of the minimum wage for federal contractors after a Fifth Circuit said the wage bump was no longer in place after President Donald Trump revoked it.

  • November 18, 2025

    Geico Flouted Mass. Wage Laws For Adjusters, Suit Alleges

    Geico required field claims adjusters to work up to 10 hours a day without overtime pay and improperly dinged them for "personal use" of company-issued vehicles, according to a proposed class action filed in Massachusetts state court.

  • November 17, 2025

    Ex-Finnegan Associate Gets Wage Theft Suit Revived In DC

    The D.C. Court of Appeals revived a former Finnegan Henderson Farabow Garrett & Dunner LLP associate's lawsuit alleging the firm reneged on its promises to pay tuition reimbursement and productivity bonuses, saying the trial court should have conducted "a fuller analysis" before shutting the book on the case.

  • November 17, 2025

    Tyson Shorted Wash. Workers On Breaks And OT, Suit Says

    Tyson Foods has been accused of systematically shorting Washington state workers on breaks, sick leave and overtime pay, according to a proposed class action the meat processing giant removed to federal court on Friday.  

Expert Analysis

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.