Wage & Hour

  • June 12, 2025

    Shoe Co. Fails To Pay Overtime, Store Managers Say

    A shoe retailer requires store managers to put in work outside of the store handling staffing and operations matters on top of the 40 hours of work they put in each week at the store, a proposed collective action filed in North Carolina federal court said.

  • June 12, 2025

    Grievance Backlog Not Only Exxon's Fault, NLRB Judge Says

    A National Labor Relations Board judge cleared Exxon Mobil of claims that it mishandled a hefty backlog of grievances, but found the company ducked its obligation to bargain before ending manager fill-in pay for some workers and changing its performance assessments.

  • June 12, 2025

    Unifi Aviation Sued For Firing Ga. Worker After FMLA Approval

    The largest aviation ground handling service in North America has been sued in Georgia federal court by a woman who alleges she was pressured to speak with a male manager about her reproductive issues after requesting medical leave, then fired once that leave was approved.

  • June 12, 2025

    9th Circ. Says Calif. Workers Can Intervene In $10M CVS Deal

    Two workers can intervene in a case that reached a $10 million proposed settlement to end wage claims against CVS, a divided Ninth Circuit panel said, ruling that the duo asked to weigh in on time and have a significant interest in some claims the deal solves.

  • June 12, 2025

    Labor Group Backs Minn. Misclassification Law At 8th Circ.

    The Eighth Circuit should affirm an order declining to temporarily block a Minnesota law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, a labor organization said, because workers' wages will continue to be eroded without the statute.

  • June 12, 2025

    Navistar To Pay $450K To End Unpaid OT Suit

    Commercial vehicle manufacturer Navistar Inc. will pay $450,000 to resolve a former employee's collective action accusing it of failing to incorporate bonus payments in overtime pay calculations, thus causing workers' wages to fall, a filing in Illinois federal court said.

  • June 12, 2025

    Ogletree Launches Workforce Analytics Group

    Ogletree Deakins Nash Smoak & Stewart PC has launched a new practice group that will focus on using data-driven tools to advise employers on various workforce compliance and risk assessment matters.

  • June 12, 2025

    Home Health Co. Wants Aide's Travel Time Suit Tossed

    An aide's proposed class action alleging she should have been compensated for the time she spent traveling between clients' homes should be thrown out, a home health company told an Ohio federal court, saying she failed to show that the commute was related to her primary duties.

  • June 11, 2025

    Cleaning Workers Get Collective Status In Unpaid OT Suit

    Two porters put forward enough information to show they and other cleaners and janitors working for a building services company were subject to the same policies that resulted in them being shorted on wages to proceed as a collective, a New York federal judge said Wednesday.

  • June 11, 2025

    Vedder Price Boosts IP, Exec Compensation Teams In NY

    Vedder Price PC has bulked up its New York office with the addition of an intellectual property attorney from Vinson & Elkins LLP and an executive compensation and employee benefits pro from Schulte Roth & Zabel LLP.

  • June 11, 2025

    Houston Plumbing Contractor To Pay $102K In DOL OT Probe

    A Houston plumbing contractor will have to shell out $102,000 in back wages and damages to 31 service technicians and apprentice helpers it considered overtime-exempt, the U.S. Department of Labor said.

  • June 11, 2025

    DOL, EEOC Noms To Go Before Senate Panel

    President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.

  • June 11, 2025

    Worker Says Foodtown Underpaid Him, Permitted Assault

    Supermarket chain Foodtown failed to pay workers overtime wages or provide them with meal periods, and it allowed a franchise owner to choke and hit a general manager, a proposed collective action filed in New York federal court said.

  • June 11, 2025

    Drywall Contractor To Pay $824K To End DOL Wage Probe

    A Las Vegas drywall contractor will pay more than $824,000 to resolve a U.S. Department of Labor investigation into allegations that it failed to pay overtime wages to piece-rate and hourly paid employees, the department said.

  • June 10, 2025

    Pa. University Seeks Toss Of Sergeant's Retaliation Claims

    The University of Scranton wants a Pennsylvania federal judge to dismiss retaliation and disability bias allegations from a police sergeant who alleged he was fired because he had cancer, telling the district court that the worker hadn't put up enough facts to support some of his claims.

  • June 10, 2025

    Janitor's Wage Claims Must Head To Arbitration, Judge Says

    A janitor in California must arbitrate her claims that a cleaning services company owed minimum wages and didn't give rest breaks, a federal magistrate judge ruled Tuesday, finding a grievance process in an unsigned collective bargaining agreement still covers the worker's claims.

  • June 10, 2025

    DC Bill Seen As Latest Setback For Ending Tip Credit

    A recent Council of the District of Columbia decision to delay phasing out the local tipped minimum wage demonstrates apprehension about eliminating the tip credit, employer-side observers said, while worker advocates said they are still seeing progress on the issue.

  • June 10, 2025

    T-Mobile Worker Can't Upend Arbitration Order In OT Suit

    A T-Mobile technician cannot keep his unpaid overtime lawsuit in court, a Washington federal judge ruled Tuesday, saying he failed to show that he was duped into signing a delegation clause that mandated issues surrounding the arbitrability of his claims be decided outside court.

  • June 10, 2025

    Campbell's Hit With Wage-Hour Suit Over Donning Time

    Renowned soup producer Campbell's failed to pay production workers for the time they spent putting on personal protective equipment before their shifts, a former company's filler operator said in a proposed collective action in New Jersey federal court.

  • June 10, 2025

    Mass. Court-Appointed Attys Hit 'Boiling Point' Over Low Pay

    Hundreds of private attorneys in Massachusetts who are paid by the state to represent indigent defendants and others have stopped accepting new court-appointed cases over complaints about low pay, putting the system on what one veteran advocate called "the verge of imploding."

  • June 10, 2025

    Longtime Reed Smith Employment Pro Joins Fisher Phillips

    An attorney who has focused his career on advising clients on employment and labor matters recently moved his practice to Fisher Phillips' Pittsburgh office after 13 years with Reed Smith LLP.

  • June 10, 2025

    Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit

    Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.

  • June 10, 2025

    Amazon Worker Says Military Class Ruling Needs Reopening

    The U.S. Supreme Court declined to weigh in on a case that would have had an impact on a former Amazon employee's request for class status in her military leave suit, the worker told a New York federal court, saying it should reopen her suit and approve class treatment.

  • June 10, 2025

    Drivers Say FedEx Is Employer, Liable For Unpaid OT

    FedEx exercised substantial control over drivers' jobs, two former workers told a Pennsylvania federal court, urging it to find that the delivery company acted as their joint employer and is therefore on the hook for what they said are unpaid overtime wages.

  • June 10, 2025

    Atlanta Drag Bar Agrees To $50K Deal In Wage Suit

    An Atlanta bar that provides drag show entertainment has agreed to pay $50,000 to end a performer's proposed collective action alleging it failed to pay minimum wage and overtime, and both parties urged a Georgia federal court to greenlight the deal.

Expert Analysis

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

    Author Photo

    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

    Author Photo

    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

    Author Photo

    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

    Author Photo

    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

    Author Photo

    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

    Author Photo

    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

    Author Photo

    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

    Author Photo

    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

    Author Photo

    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

    Author Photo

    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

    Author Photo

    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

    Author Photo

    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

    Author Photo

    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.