Wage & Hour

  • February 06, 2025

    Frontier Says Late-Pay, Per Diem Claims Don't Fall Under FLSA

    The Fair Labor Standards Act doesn't specify when employers need to pay workers and doesn't give a right to per diem payments, Frontier Communications and a staffing contractor said while urging a Florida federal court to trim a telecom technician's suit.

  • February 06, 2025

    Trump's Federal Worker Buyout Plan Put On Hold

    A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.

  • February 06, 2025

    Mortgage Co. Strikes Deal To End Loan Officers' OT Suit

    A mortgage company reached an agreement with a collective of loan officers to resolve their suit accusing the firm of unlawfully classifying them as exempt from earning overtime wages, a filing in California federal court said.

  • February 05, 2025

    DOL Scores Partial Win In Farmworker Union Wage Rate Fight

    A Washington federal judge has granted the U.S. Department of Labor a partial win in a farmworker union's challenge to federal policies that have allegedly depressed farmworker wages, concluding that some claims challenge DOL actions that aren't final agency actions.

  • February 05, 2025

    Musk Can't Access DOL Data, Labor Groups Say

    The AFL-CIO, the Economic Policy Institute and four unions sued the U.S. Department of Labor and Elon Musk's Department of Government Efficiency in D.C. federal court Wednesday, seeking a temporary restraining order to stop DOL leadership from complying with any attempt by DOGE to access DOL data.

  • February 05, 2025

    Worker, Nonprofit Mental Health Co. Agree To End Work Row

    A former case manager sanctioned for faking evidence and the nonprofit mental health and addiction treatment center she accused of not paying full wages told a North Carolina federal court they agreed to end the case a month before the trial was set to start.

  • February 05, 2025

    NJ Supreme Court Will Review Immigrant's Wage Case

    The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.

  • February 05, 2025

    Justices' Ruling Nixes Md. Court's FLSA Order, 4th Circ. Told

    A Maryland federal court's decision imposing a stricter standard for an employer to claim an overtime exemption is no longer valid after the U.S. Supreme Court said the heightened evidence standard isn't necessary, an international food distributor told the Fourth Circuit.

  • February 05, 2025

    Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid

    A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.

  • February 05, 2025

    Poultry Processor, DOL Strike Deal In Child Labor Suit

    A Mississippi poultry processor will pay $57,000 to end a U.S. Department of Labor suit alleging it violated child labor laws, according to a motion filed Wednesday.

  • February 05, 2025

    Ill. Restaurant To Pay $747K In DOL Wage Suit

    A restaurant in Illinois will pay nearly $747,000 in a U.S. Department of Labor suit alleging it stiffed workers on their full wages and fudged records, according to a federal court filing.

  • February 05, 2025

    Boeing Underpaid Data Analysts, Va. Suit Claims

    Boeing cheated system and data analysts out of overtime pay even though they performed overtime-eligible work, a former employee said in a proposed class and collective action in Virginia federal court.

  • February 05, 2025

    Loan Worker Wins Collective Status In Login Time Suit

    A former loan counselor for a collection agency can form a collective with other remote and hybrid workers to pursue her claims that the company failed to pay the workers for time spent logging on to their computers, a Pennsylvania federal judge said.

  • February 05, 2025

    Bartender Gets Collective Status In Unpaid Wages Suit

    A Maryland federal judge greenlighted a collective of servers and bartenders in their lawsuit accusing a Creole restaurant of unlawfully claiming a tip credit to pay workers lower wages but then withholding some of their tips, finding the workers to be sufficiently similar.

  • February 04, 2025

    Amazon Wants Drivers Locked Out Of Collective Wage Suit

    Amazon is asking a Washington federal judge to oust nearly a dozen plaintiffs from a collective action accusing the e-commerce giant of misclassifying Amazon Flex delivery drivers as independent contractors, claiming the individuals failed to comply with a court-ordered discovery deadline last month.  

  • February 04, 2025

    3 Tips On How To Navigate Travel Time Pay

    A recent Third Circuit opinion on the compensability of travel time between worksites serves as a good reminder for employers to review their workers’ travel practices. Here, Law360 offers three tips on how to determine whether travel time should be paid.

  • February 04, 2025

    1st Circ. Doubts Arbitration Bid 4 Years Into Au Pair Wage Row

    The First Circuit on Tuesday questioned an au pair placement agency's assertion that it is still entitled to force wage violation claims into arbitration in Switzerland despite more than four years of U.S. litigation and one prior trip to the appellate court.

  • February 04, 2025

    5th Circ. Backs Biden's Gov't Contractor Wage Hike

    The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.

  • February 04, 2025

    Southwest Worker Says Airline Only Paid For In-Flight Time

    Southwest Airlines only compensated flight attendants for the time between a plane's departure from its gate and arrival at its destination, disregarding the work they performed outside that time frame, according to a proposed class action the company removed to Colorado federal court. 

  • February 04, 2025

    Battery Co. Wants 3rd Circ. Redo In $22M Wage Suit

    A Third Circuit panel disregarded U.S. Supreme Court precedent when affirming a $22 million verdict for Pennsylvania battery manufacturer workers in a suit over time spent donning and doffing gear before and after shifts, the company said, urging the full appeals court to step in.

  • February 04, 2025

    Pa. Fines Allegheny Co. Contractor For Misclassified Workers

    An Allegheny County contractor will pay $144,000 to settle claims from the Pennsylvania Department of Labor and Industry that it had misclassified nearly 200 workers, the department announced Monday.

  • February 04, 2025

    Insurer Points To Limits In McDonald's Franchisees' Policies

    An insurer told a Washington federal court that it owes limited coverage to two McDonald's franchisees it insures in suits accusing them of illegally withholding specific pay figures in job postings. 

  • February 04, 2025

    Entertainment Cos. Stiff Workers On Wages, Suit Says

    A former stagehand is suing the entertainment companies behind Coachella and many sporting events in California state court, saying she and other hourly workers are required to drive as much as three hours away from their homes for work without any compensation.

  • February 04, 2025

    Ex-Littler, Paul Hastings Atty Picked As Acting EEOC Top Cop

    President Donald Trump on Tuesday tapped a top aide to the U.S. Equal Employment Opportunity Commission's acting head for the role of the agency's acting general counsel, elevating an attorney who formerly worked for Paul Hastings LLP and Littler Mendelson PC.

  • February 04, 2025

    Quest Strikes Deal To End Suit Over Off-Clock Work

    Quest Diagnostics reached a $25,000 deal to resolve a former call center agent's suit alleging she was stiffed on wages for the time she spent booting up her computer and shutting down the programs after work, a filing in New Jersey federal court said.

Expert Analysis

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.

  • 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.