Wage & Hour

  • May 13, 2025

    Fintech Co. Cheated Workers Out Of Wages, Calif. Suit Claims

    A fintech company owes its employees minimum wage and overtime after it failed to pay them for the time they spent booting up their computers, missed breaks and a limiting on-call policy, a proposed class action in California state court said.

  • May 13, 2025

    Defunct Doubletree Operator Will End Wage Suit For $1.16M

    The former operator of a Doubletree hotel will pay $1.16 million to resolve a decade-long class action accusing it of failing to pay banquet hall servers overtime wages and tips, a filing in New York federal court said.

  • May 12, 2025

    Management Co. Can't Nab Early Win In OT Suit, Court Told

    Workers alleging a staffing and project management company failed to pay proper overtime rates urged a Georgia federal judge to deny its bid for summary judgment, saying the company dressed up hourly wages as salaries to dodge overtime obligations.

  • May 12, 2025

    New Pope's Name Signals Focus On Work Issues

    The choice of the name Leo XIV signals the new pope intends to make workers' rights a pillar of his papacy as the rise of artificial intelligence presages a workplace shake-up like that of the manufacturing revolution under the last pope to bear the moniker.

  • May 12, 2025

    Worker Says Pork Roll Co. Fired Him After Flagging Unpaid OT

    The company behind the New Jersey food product Taylor Ham failed to pay a maintenance supervisor overtime wages for 30 years and then fired him for complaining about it, a lawsuit filed in federal court said.

  • May 12, 2025

    Wiretap Evidence Allowed In $200M Forced Labor Case

    A Georgia federal judge has accepted a magistrate judge's recommendation that wiretap evidence be allowed into the prosecution of an alleged $200 million international forced labor scheme.

  • May 12, 2025

    Pet Treat Maker Doesn't Fully Pay Employees, Suit Says

    A pet product manufacturer with locations in Illinois and Colorado has been hit with proposed class and collective accusations in federal court in Chicago that the company illegally fails to pay employees for key work tasks they perform before and after their shifts.  

  • May 12, 2025

    Walmart, Transportation Manager End OT Suit

    Walmart and a transportation operations manager have agreed to end the worker's suit in Georgia federal court accusing the retailer of misclassifying her as overtime-exempt under the Fair Labor Standards Act, according to a joint filing Monday.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    CoreCivic Settles Guards' OT Suit For Security Screening

    Private prison operator CoreCivic and the correctional workers accusing it of not paying them for mandatory preshift security screenings told a Tennessee federal court Monday they have reached a settlement to end the proposed class and collective suit.

  • May 12, 2025

    Steel Co. To Pay $6M To End Underpayment Suit

    A steel products company will pay more than $6 million to resolve a class action accusing it of failing to pay employees for all their time spent working, according to a filing in Washington federal court.

  • 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

    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

    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

    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.

Expert Analysis

  • Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with Squarespace general counsel Larissa Boz about how employees in the Max TV show "Industry" abuse drugs and alcohol to cope with their high-pressure jobs, and discuss managerial and drug testing best practices for addressing suspected substance use at work.

  • How New Pregnancy, Nursing Laws Surpass Prior Protections

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    Employers must understand how the new Pregnant Workers Fairness and PUMP Acts build on existing federal workplace laws — and they will need to make key updates to ensure compliance, say Alexandra Garrison Barnett and Leigh Shapiro at Alston & Bird, and Kandis Wood Jackson at McKinsey & Co.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • FMLA Confusion Persists Despite New DOL Advisory

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    A recent U.S. Department of Labor advisory opinion provides some clarity regarding the Family and Medical Leave Act's handling of holiday weeks, but the FMLA remains a legal minefield that demands fact-specific analysis of each employee's unique situation, says Nicholas Schneider at Eckert Seamans.

  • East Penn Verdict Is An FLSA Cautionary Tale For Employers

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    A Pennsylvania federal jury's recent $22 million verdict against East Penn set a record for the Fair Labor Standards Act and should serve as a reminder to employers that failure to keep complete wage and hour records can exponentially increase liability exposure under the FLSA, say Benjamin Hinks and Danielle Lederman at Bowditch & Dewey.

  • Pay Transparency Laws Complicate Foreign Labor Cert.

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    State and local laws adopted to help close the gender pay gap pose challenges for U.S. companies recruiting foreign nationals, as they try to navigate a thicket of pay transparency laws without running afoul of federally regulated recruitment practices, say Stephanie Pimentel and Asha George at Berry Appleman.

  • 2 Ways Calif. Justices' PAGA Ruling May Play Out

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    In Adolph v. Uber, the California Supreme Court will soon decide whether an employee’s representative Private Attorneys General Act claims can stay in court when their individual claims go to arbitration — either exposing employers to battles in multiple forums, or affirming arbitration agreements’ ability to extinguish nonindividual claims, says Justin Peters at Carlton Fields.

  • How To Navigate Class Incentive Awards After Justices' Denial

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    Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.

  • Check Onboarding Docs To Protect Arbitration Agreements

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    The California Court of Appeal's recent Alberto v. Cambrian Homecare decision opens a new and unexpected avenue of attack on employment arbitration agreements in California — using other employment-related agreements to render otherwise enforceable arbitration agreements unenforceable, say Morgan Forsey and Ian Michalak at Sheppard Mullin.

  • Remote Work Considerations In A Post-Pandemic World

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    Now that the public health emergency has ended, employers may reevaluate their obligations to allow remote work, as well as the extent to which they must compensate remote working expenses, though it's important to examine any requests under the Americans With Disabilities Act, say Dan Kaplan and Jacqueline Hayduk at Foley & Lardner.

  • Handbook Hot Topics: Remote Work Policies

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    Implementing a remote work policy that clearly articulates eligibility, conduct and performance expectations for remote employees can ease employers’ concerns about workers they may not see on a daily basis, says Melissa Spence at Butler Snow.

  • An Overview Of Calif. Berman Hearings For Wage Disputes

    Excerpt from Practical Guidance
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    While California's Berman hearings are pro-employee procedures that are accessible, informal and affordable mechanisms for parties filing a claim to recover unpaid wages, there are some disadvantages to the process such as delays, says David Cheng at FordHarrison.

  • No Blank Space In Case Law On Handling FMLA Abuse

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    Daniel Schwartz at Shipman & Goodwin discusses real-world case law that guides employers on how to handle suspected Family and Medical Leave Act abuse, specifically in instances where employees attended or performed in a concert while on leave — with Taylor Swift’s ongoing Eras Tour as a hypothetical backdrop.