Wage & Hour

  • May 19, 2025

    Atty Says Texas Firm Fired Her For Taking Protected Leave

    A former associate at a prominent Texas personal injury firm who claims she was fired after she took medical leave for a disabling eye condition and bereavement leave upon her mother's death has brought a disability discrimination suit against the firm and associated entities in federal court in Houston.

  • May 19, 2025

    Hanson Bridgett Expands To Fresno With Ex-Littler Leader

    California firm Hanson Bridgett LLP has brought on a former office managing shareholder for employment firm Littler Mendelson PC — Hanson Bridgett's first attorney in Fresno, where it plans to open its seventh office this year.

  • May 19, 2025

    X Failed To Pay Promised Severance, Ex-Workers Say

    X, the company formerly known as Twitter, illegally reneged on its promise to keep in place its policy to provide certain severance payments to terminated employees after Elon Musk took over the social media company, a lawsuit filed in Washington federal court said.

  • May 19, 2025

    That's What The Money Is For: Pay Lessons From 'Mad Men'

    "Mad Men," the dramatic AMC television series about a 1960s-era advertising agency, offers lessons on a host of employment law issues for today's workforce, such as how to manage pay for superstar employees who go on extended leave and what not to do when it comes to paying men and women equally. Here, to accompany the 10th anniversary this month of the show's final episode, Law360 conducts a compliance audit of the storied Sterling Cooper.

  • May 19, 2025

    Pepsi Arbitration Costs Bid Not For Court, Workers Say

    A Pepsi distributor told a New York federal court that forcing him to pay arbitration-related costs in a wage case against the company would undermine federal and state wage laws' protective purposes, urging the court to deny the company's request to enforce the terms of the arbitration pact. 

  • May 19, 2025

    'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit

    Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.

  • May 19, 2025

    Elevance Nurses Want Unpaid OT Class To Proceed To Trial

    Elevance Health's argument that nurses make life-saving decisions that require they exercise discretion over their work is exaggerated, workers told a North Carolina federal court, arguing they are entitled to overtime wages and should continue to proceed as a collective.

  • May 16, 2025

    SEC's Atkins Previews Possible Changes To CEO Pay Rules

    U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency plans to review rules requiring public companies to report the earnings of CEOs and other high-level executives, highlighting a possible area of regulatory change for the now Republican-led commission.

  • May 16, 2025

    NY Turkish Restaurant, Server End Suit Over Tip-Only Pay

    A New York federal judge on Friday tossed a Turkish restaurant's former server's wage and hour suit in which the worker claimed he was compensated only with tips, after the parties told the court they reached a deal.

  • May 16, 2025

    NY Forecast: 2nd Circ. Hears Court Interpreters Bias Case

    This week, the Second Circuit will consider an appeal of a federal judge's decision dismissing a discrimination lawsuit brought by New York court interpreters who claim they are systematically paid less than a federal benchmark because they are foreign born.  Here, Law360 looks at this and other cases on the docket in New York.

  • May 16, 2025

    2nd Circ. Says It Can't Consider Wage Case

    The Second Circuit ruled it will stay out of an appeal challenging a $5 million judgment in a wage case against a New York City restaurant operator, saying that a lower court didn't give a final say when it conditionally dismissed the federal claims.

  • May 16, 2025

    9th Circ. Upholds California's Employee Classification Test

    California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.

  • May 16, 2025

    Calif. Forecast: State Justices To Hear Arbitration Fee Dispute

    In the coming two weeks, attorneys should keep an eye out for oral arguments at the California Supreme Court regarding whether federal law preempts state statutes involving arbitration fees. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 16, 2025

    Security Co.'s $2.5M Wage Deal Scores Final OK

    A security company will pay $2.5 million to about 2,000 current and former security officers who claimed they were not paid all wages or for accrued vacation and sick days, after a New York federal judge gave the deal its final OK.

  • May 15, 2025

    NC Judge Warns Of Airing 'Dirty Laundry' In Doctors' Pay Clash

    A North Carolina business court judge on Thursday told a group of anesthesiologists and their business partners to seriously consider mediating a dispute over compensation, cautioning that if they choose to litigate, they should "be prepared for their dirty laundry to be aired for everyone to see."

  • May 15, 2025

    Mass. Town's $102K Deal For Firefighters Gets Final OK

    A Massachusetts town will shell out about $102,000 to end claims that it failed to pay overtime to nearly 120 firefighters, as a federal court gave the deal its final sign-off Thursday.

  • May 15, 2025

    Farmworkers' Union Challenges H-2A Prevailing Wage Regs

    A farmworkers' union said that the U.S. Department of Labor's 2022 H-2A prevailing wage regulations cannot stand and could leave farmworkers without prevailing wage protections, urging a Washington federal court to grant the union a partial win.

  • May 15, 2025

    Sills Cummis Adds Employment Pro From Crowell & Moring

    Sills Cummis & Gross PC brought on a labor and employment attorney from Crowell & Moring LLP who brings more than two decades of experience to the firm's New York office advising employers on how to navigate disputes and ensure they comply with prevailing wage laws.

  • May 15, 2025

    Little Caesars Managers Get Collective Status In OT Suit

    Managers who worked for Little Caesars franchisees can pursue their lawsuit alleging they should have been eligible to earn overtime as a collective, a New York federal judge ruled Thursday, finding the workers showed they were all subject to the same policies.

  • May 15, 2025

    Workers Say Energy Co. Lacks Proof Of Their OT Exemption

    A collective of workers accusing an energy company of not paying them salaries and owing them overtime as a result told a Texas federal court their employer didn't support its arguments that the workers were exempt from overtime under federal wage law.

  • May 15, 2025

    Flooring Company Miscalculates Overtime, Ex-Manager Says

    A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.

  • May 15, 2025

    House Bill Aims To Nix FMLA Leave Cap For Married Couples

    A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.

  • May 14, 2025

    7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS

    A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.

  • May 14, 2025

    4 Tips For Navigating NY Pay Frequency Law Update

    New York’s frequency of pay law update means employers face a fraction of the potential damages they previously might have suffered for first violations, but it doesn’t let them off the hook in ongoing litigation or for second violations, attorneys said. Here, attorneys offer tips for handling the update.

  • May 14, 2025

    Farm Groups Fight Further Delay In H-2A Wage Rule Suit

    Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.

Expert Analysis

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.