Wage & Hour

  • October 01, 2025

    Conn. Servers Defend Asking Judge To DQ From Wage Case

    A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.

  • October 01, 2025

    LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims

    The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.

  • October 01, 2025

    Texas Recovery Biz Fails To Pay Legal Wages, Suit Says

    Participants of several Texas-based recovery programs for addiction and other problems routinely work 40 or more hours per week at commercial facilities including a farm and sawmill, but receive only low-value "points" for their labor instead of lawful wages, according to a proposed collective and class action filed in federal court.

  • October 01, 2025

    Travel Nurses Snag Cert. For Some Classes In OT Suit

    A Colorado federal judge signed off on three classes of travel nurses in California, New York and New Jersey accusing two staffing agencies of unpaid overtime, but turned down their bid for an overtime class in Oregon and bait-and-switch classes.

  • October 01, 2025

    Ill. AG Backs Workers In Amazon COVID Screenings Fight

    The Illinois attorney general backed two workers claiming Amazon owes them for the time they spent on COVID-19 screenings, arguing to the state's Supreme Court that Illinois wage law is more expansive than the Fair Labor Standards Act and includes no exception for preliminary and postliminary activities. 

  • October 01, 2025

    Tenn. Pork Farm Snags Win In DOL Retaliation Suit

    The U.S. Department of Labor failed to show that a pork farm in Tennessee fired two immigrant workers for complaining to the agency about unpaid wages, a federal judge ruled, pointing to their behavior toward other workers as the reason for their discipline.

  • October 01, 2025

    DOL Opinion Letters Address Joint Employment, Tip Pools

    A restaurant and members-only club are associated enough to be jointly liable for overtime requirements, and front-of-house oyster shuckers at a seafood restaurant can be included in a tip pool, the U.S. Department of Labor's Wage and Hour Division said among other guidance in a batch of opinion letters.

  • October 01, 2025

    Wis. Assembly Bill Seeks Tax Subtraction For OT Pay

    Wisconsin would create an income tax subtraction for qualified overtime compensation under a bill introduced in the state Assembly.

  • October 01, 2025

    Duane Morris Adds O'Hagan Meyer Employment Atty In LA

    Duane Morris LLP is growing its West Coast team, bringing in an O'Hagan Meyer employment litigator as a partner in its Los Angeles office.

  • September 30, 2025

    Feds Finalize Rules To Speed H-2A Filing, Limit Some Wages

    The Trump administration finalized two separate rules on Tuesday aimed at streamlining the H-2A temporary visa process for seasonal farmworkers, one allowing employers to file petitions earlier and another revising annual wage hikes for certain agricultural jobs.

  • September 30, 2025

    Pot Broker Sues Over Misclassification, Seeks Lost Wages

    A Florida-based company that sells cannabis franchises is accused of illegally classifying an employee as an independent contractor in order to avoid paying him "hundreds of hours" in wages and benefits he earned as a salesman, according to a lawsuit filed Tuesday in Massachusetts federal court.

  • September 30, 2025

    9th Circ. Unwinds $312K Fees In Labor Suit Against Walmart

    While a former Sam's Club worker is entitled to fees for the $22,000 settlement of her individual labor claims against the chain and its parent Walmart, the Ninth Circuit on Tuesday vacated the $312,429 in fees and costs she was awarded by the lower court because it simply granted the fee award without sufficiently explaining why.

  • September 30, 2025

    Wash. Panel Keeps Wage Suit Against Logistics Co. In Court

    The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.

  • September 30, 2025

    Health Aide's Overtime Case Ends After Settlement Rewrite

    A Connecticut federal judge has approved a home healthcare aide's $60,000 settlement in an overtime wage lawsuit after the parties removed a contentious clause that would have barred the worker from seeking future employment with the same company, court records show.

  • September 30, 2025

    Workers Can't Get $1M Attorney Fees In $30K Wage Case

    Two workers who agreed to settle their wage-and-hour claims against an automotive technology manufacturer for $30,000 didn't show why their attorneys should snag $1 million in fees, a North Carolina federal judge ruled Tuesday.

  • September 30, 2025

    Paymentus Pins Fintech Atty's Firing On Behavior, Not Bias

    Billing company Paymentus Corp. told a North Carolina federal judge on Tuesday that it fired a former in-house attorney due to her alleged lack of workplace professionalism, rebutting her claims of age and gender bias.

  • September 30, 2025

    Han-Dee Hugo's Managers Win Collective Cert. In Wage Suit

    A North Carolina federal judge has conditionally certified a collective action from Han-Dee Hugo's gas and convenience store managers who accused the employer of misclassifying them and denying overtime pay, finding the managers to be similarly situated.

  • September 30, 2025

    Musk Escapes X Corp. Workers' Severance Suit In Del.

    A federal judge in Delaware has tossed 14 counts naming billionaire Elon Musk in a suit filed by six former X Corp. employees seeking severance benefits, with all but two dismissed with prejudice.

  • September 30, 2025

    FedEx Drivers' Overtime Claims Shipped To Home Courts

    Two delivery drivers who alleged that FedEx misclassified them as independent contractors will have to pursue their claims in their home states, a Pennsylvania federal judge ruled, saying that the two don't share enough commonalities.

  • September 30, 2025

    Biden's Acting DOL Head Julie Su Joins UC Berkeley Law

    Former acting Labor Secretary Julie Su will be a visiting professor at the University of California, Berkeley School of Law, where she will focus her work at the university's Center for Law and Work, the school announced.

  • September 30, 2025

    Wage & Hour Features Revisited: Disney Deal, Pay Ruling

    From a major pay transparency ruling in Washington to a $233 million Disney settlement over a local minimum wage ordinance, catch up on Law360 Employment Authority's wage and hour features from September that you might have missed.

  • September 29, 2025

    DLA Piper Must Face Trial In Pregnancy-Firing Suit

    A New York federal judge on Monday said DLA Piper must face trial in a discrimination case by a former lawyer who was fired two months after disclosing her pregnancy, saying the former seventh-year IP associate has made out a case around the circumstances of her 2022 departure.

  • September 29, 2025

    Firefighter Fired After Race Bias, Wage Complaints, Suit Says

    A Black former New York City firefighter told a Manhattan federal court he was fired weeks after filing grievances about racial discrimination and wage theft, saying he was routinely required to work off the clock and worked hundreds of hours without compensation.

  • September 29, 2025

    3rd Circ. Denies Pilots' Bid To Revive Military Leave Class

    The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.

  • September 29, 2025

    Ga. HVAC Co. Hit With Wage Theft Collective Action

    A west Georgia heating and air company was hit with a proposed collective action Friday from a former worker who said the company violated federal labor laws by docking the pay of its service and installation technicians and refusing to compensate them for their travel time between jobsites.

Expert Analysis

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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    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'

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    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

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    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

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    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.