Wage & Hour

  • July 07, 2025

    Restaurant Cut Pay Over Harassment Complaint, Worker Says

    A Golden Corral franchisee misclassified an assistant kitchen manager as a salaried employee, lowered his pay and ultimately fired him for complaining that the owner's son was making inappropriate sexual comments, according to a suit filed Monday in Pennsylvania federal court.

  • July 07, 2025

    Drivers Say Pizza Co. Must Answer For Missing Payroll Docs

    A company that operates Michigan pizza restaurants failed to hang on to nearly half of the payroll records of a collective of delivery drivers accusing it of not fully reimbursing them for vehicle-related expenses, the drivers told a federal court, saying sanctions may be necessary.

  • July 07, 2025

    Wage Cases To Watch For The Rest Of 2025

    A U.S. Supreme Court look at a private prison operator's assertion of immunity from incarcerated workers' claims, appeals seeking to replace the two-step collective certification process and challenges to U.S. Department of Labor rules are among the wage and hour cases to watch in the coming months. Here’s a look at those ongoing cases.

  • July 03, 2025

    BofA Beats Class Cert. Bid Over Vacation Pay, For Now

    A California federal judge Thursday refused to certify three putative classes of former Bank of America employees who accused the bank of not paying them their accrued, unused vacation time, saying a proposed class representative seemingly wasn't eligible for vacation time accrual.

  • July 03, 2025

    Pa. School District Fights $2.7M Fee Bid After $165K Verdict

    The Central Bucks School District in Pennsylvania says counsel representing two female teachers awarded $165,000 in an equal pay lawsuit should not be given $2.7 million in fees, arguing that request is not proportionate to the result.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    5 Biggest Wage Rulings So Far In 2025

    A U.S. Supreme Court decision that there is no heightened burden of proof in Fair Labor Standards Act class actions and the Ninth Circuit’s backing of a California independent contractor classification law are some of the biggest wage and hour rulings so far this year. Here, Law360 explores the rulings.

  • July 03, 2025

    DOL Looks To Rescind Rule Ending Subminimum Wage

    The U.S. Department of Labor is backtracking on a proposed rule that would have ended a program allowing employers to pay workers with disabilities below the federal minimum wage, saying ending the program could result in a lack of employment opportunities for disabled individuals.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Call Center Co. Wants Out Of Misclassification Suit

    A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."

  • July 03, 2025

    Opinion Letters Offer DOL 'Soft Power,' Attys Say

    U.S. Department of Labor opinion letters give businesses backup assistance to comply with wage and hour law, but it is a tool that has been politicized and viewed as potentially skewed in favor of employers, attorneys say.

  • July 03, 2025

    PWFA Litigation Comes Into Focus In 1st Half Of 2025

    The second anniversary of the Pregnant Workers Fairness Act's effective date recently passed, and though courts haven't shed much light yet on how they'll interpret the statute, new suits and settlements from the U.S. Equal Employment Opportunity Commission offer insights for both employers and workers. Here, Law360 offers a midyear overview of the EEOC's efforts to enforce the PWFA.

  • July 02, 2025

    Moving Help Co. Accused Of Misclassifying Drivers

    An on-demand moving and delivery service classifies workers as independent contractors — despite exercising substantial control over their work — and refuses to reimburse drivers for the costs they incur from buying gas and paying tolls, according to a proposed class action filed in California state court.

  • July 02, 2025

    DC Tipped Minimum Wage Hike Put On Ice

    Tipped workers will not see a $2 boost in their hourly wages this week after the D.C. City Council voted to pause a scheduled minimum wage increase that could spell trouble for a ballot initiative designed to match up minimum wages for both tipped and nontipped workers.

  • July 02, 2025

    TikTok Can Arbitrate Most Sales Reps' Claims Of Unpaid OT

    A lawsuit by a group of sales representatives accusing TikTok of incorrectly classifying them as exempt from earning overtime can largely be sent to arbitration, a California federal judge ruled, saying all but one worker signed an agreement that mandates employment disputes stay out of court.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

  • July 02, 2025

    9th Circ. Limits Cracker Barrel Collective To In-State Workers

    A nationwide collective of Cracker Barrel servers in a wage and hour case is too vast, the Ninth Circuit ruled, saying members who worked for the restaurant chain outside Arizona, where the suit was launched, should not have been permitted to join.

  • July 01, 2025

    Amazon Beats Cert. Bid By 150K Flex Drivers In Tip Dispute

    A Washington federal judge refused to certify a proposed class of 150,000 Amazon Flex drivers who said Amazon pocketed their tips, ruling on Tuesday that Amazon's earlier $61.7 million settlement with the Federal Trade Commission already provided relief, and litigating the case as a class action would be costly and duplicative.

  • July 01, 2025

    EEOC Wraps Up June With A Flurry Of Suits

    The U.S. Equal Employment Opportunity Commission filed a spate of new cases as June ended, including suits alleging that an executive asked a worker to enter a sexual contract, a company required an applicant to take an electrocardiogram, and Walmart pushed out a worker returning from COVID-19 leave. Here, Law360 takes a look at seven lawsuits the EEOC filed Monday.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Teamsters Unit, UPS Duel Over Reinstated Worker's Back Pay

    UPS must shell out a specified back pay amount ordered by an arbitration panel for a reinstated worker, a Teamsters local told a Pennsylvania federal court, arguing the award clearly required the company to provide a certain amount of compensation that did not factor in unemployment benefits.

  • July 01, 2025

    What Justices' Injunctions Ruling Means For Employment Law

    Now that the U.S. Supreme Court has limited universal injunctions, employers, workers and their advocates could have to turn to motions to vacate, associational standing and other pathways to relief in employment law litigation, attorneys said. Here, Law360 explores the potential impact.

Expert Analysis

  • 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.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.