Wage & Hour

  • July 22, 2025

    Ex-Mich. Players Say Ohio Ruling Can't Sink $50M NIL Suit

    Former University of Michigan football players have told the court the NCAA and the Big Ten Conference cannot use a similar case in Ohio to escape the players' antitrust suit accusing the defendants of monopolizing profits and depriving athletes of their fair share.

  • July 22, 2025

    Wage & Hour State And City Roundup

    The New York City Council extended pay protections to grocery delivery workers, and Missouri rolled back minimum wage and paid leave protections. Here, Law360 looks at these and other recent state and local wage and hour developments across the country.

  • July 22, 2025

    Colo. Ballot Proposal Seeks Tax Break For Overtime, Tips

    Colorado would exempt overtime and tipped income from state taxation under a proposed 2026 ballot measure reviewed Tuesday by state officials.

  • July 22, 2025

    Transportation Cases To Watch: Midyear Report 2025

    Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.

  • July 22, 2025

    9th Circ. Revives OT Suit Against Vegas Injury Firm

    The Ninth Circuit revived a suit accusing a Las Vegas personal injury law firm of not paying a paralegal for her overtime, partially flipping a Nevada federal court's decision that there wasn't enough evidence to support the claims.

  • July 22, 2025

    Former Detroit Tigers Employee Drops Overtime Suit

    A former Detroit Tigers employee agreed to end his suit in Michigan federal court claiming that the Major League Baseball team left shift premiums and bonuses out of employees' regular rates when it calculated their overtime.

  • July 21, 2025

    Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial

    A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.

  • July 21, 2025

    Walgreens Accused Of Failing To Provide Meal, Rest Breaks

    Walgreens flouted Washington state law and Seattle's wage theft ordinance by failing to provide employees with meal and rest breaks and then automatically deducting time for breaks that workers never took, a former pharmacy employee said in a proposed class action in federal court.

  • July 21, 2025

    Amazon, Amplio Can Arbitrate Drivers' OT Suit, Judge Says

    Amazon and Amplio can arbitrate a proposed wage-and-hour class action filed by two former delivery drivers, a California federal judge said Friday, finding the state law barring employers from requiring workers to waive rights for labor code violations as a job condition doesn't preclude the companies from enforcing arbitration agreements. 

  • July 21, 2025

    HealthOne Faces Class Action From Nurses Over Missed Breaks

    A group of nurses filed a proposed class action in Colorado state court Friday claiming that HealthOne violated state employment laws by failing to ensure employees took 30-minute meal breaks during their shifts.

  • July 21, 2025

    Xerox Strikes $9.1M Deal To End 13-Year-Long Wage Case

    Xerox agreed to pay $9.1 million to end a 13-year-long wage lawsuit that went to the Ninth Circuit and the Washington Supreme Court, according to a federal court filing by more than 5,700 call center workers who accused the company of violating the Evergreen State's minimum wage law.

  • July 21, 2025

    Cozen O'Connor Lands Employment Atty From Jackson Lewis

    A Pittsburgh attorney with more than two decades of experience counseling clients on employment matters could not pass up the opportunity to move her practice to Cozen O'Connor after more than 12 years with Jackson Lewis and take advantage of the full-service firm's resources.

  • July 21, 2025

    NY Cleaners Seek $30K In Atty Fees, Costs In Wage Suit Deal

    Cleaners who reached a $75,000 deal to end their suit accusing a real estate investment company and its subsidiary of unpaid wages told a New York federal court their attorneys should receive nearly $30,000 in fees and expenses.

  • July 21, 2025

    ADP Consultant Says Co. Owes Her For OT, Expenses

    A life cycle consultant said that ADP misclassified her as overtime-exempt for about one year, telling a New Jersey federal court that the company also failed to reimburse her for business expenses. 

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    MSPB Certifies Class Of DOI Workers Fired Under Trump

    The Merit Systems Protection Board approved a class of probationary employees who claim the U.S. Department of the Interior unlawfully terminated them under the Trump administration, saying proceeding as a class is the most efficient way to move the case forward.

  • July 18, 2025

    Kaiser's $11M Class Meal Break Deal Gets Final OK In Wash.

    A Washington state judge gave the final green light on Friday to a nearly $11 million class deal to end claims that Kaiser Permanente shortchanged Evergreen State employees who worked through their meal breaks, while also awarding class counsel $3.6 million in legal fees from the settlement fund.

  • July 18, 2025

    Ohio State, NCAA, Big Ten Beat Ex-QB's NIL Suit

    Ohio State University, the NCAA, the Big Ten Conference Inc. and a media rights licensing company have dodged an antitrust suit from former Buckeye star quarterback Terrelle Pryor alleging they monopolized profits on athletes' names, images and likenesses while denying them compensation.

  • July 18, 2025

    1 Year Later: FLSA Ruling ON NCAA Athletes Was 'Bunker Hill'

    Student athletes' employee status as athletes is slugging along in a lower court, but the Third Circuit's opinion opening the door to coverage under the Fair Labor Standards Act continues to reverberate a year later and shows how wage and hour law needs to evolve, attorneys say.

  • July 18, 2025

    Court Finds Mich. Law Applies To CBAs Silent On Sick Time

    A state court found that a Michigan sick leave law applies to workers and employers covered under collective bargaining agreements that don't mention earned sick time, rejecting an electrical construction industry group's constitutional claims and federal labor law preemption challenge to the statute.

  • July 18, 2025

    Ga. School District Fails To Pay Proper OT, Workers Say

    A Georgia county school district withheld overtime pay from its school resource and campus security officers and pays them at "irregular intervals," the workers allege in a new suit in federal court.

  • July 18, 2025

    Nurses Seek Class Cert. In Colo. Holiday Wage Suit

    A group of nurses asked a Colorado federal court Thursday to certify the proposed class in their suit alleging a healthcare company didn't properly pay holiday overtime wages.

  • July 18, 2025

    Ex-Worker Says Beet Sugar Co. Should Face Wage Suit

    A former machine operator accusing a beet sugar processing company of skimping on his overtime wages and work-related reimbursement costs told a California federal court that the company should have to face his lawsuit. 

  • July 18, 2025

    Midyear Review: Labor And Employment Trends Shaping 2025

    The first half of 2025 saw a shifting labor and employment law landscape that set the stage for a potentially transformative second half of the year. Will a restored quorum jump-start the EEOC? Could the Fair Labor Standards Act be updated to better address remote work? What's next for National Labor Relations Board member Gwynne Wilcox's challenge to her unprecedented removal?

  • July 18, 2025

    4th Circ. Backs $9M Classification Ruling Against Staffing Co.

    A split Fourth Circuit panel will not scrap a $9 million judgment against a medical staffing company that the U.S. Department of Labor won in a suit alleging the company misclassified more than 1,000 nurses.

Expert Analysis

  • 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.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.