Wage & Hour

  • October 21, 2025

    Eli Lilly Asks Justices To Clear Up Collective Cert. Standard

    A Seventh Circuit decision introducing yet another standard to certify collective actions deepens a split that the U.S. Supreme Court should address, Eli Lilly & Co. said, urging the justices to take up an age discrimination case against the pharmaceutical company.

  • October 21, 2025

    Amazon Misclassifies Drivers As Contractors, NJ AG Says

    Amazon misclassifies its Flex program drivers as independent contractors, New Jersey Attorney General Matthew J. Platkin said in a suit, leading to millions of dollars in unpaid wages and benefits.

  • October 21, 2025

    Judge Agrees With United That Wage Suits Are Linked

    A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.

  • October 20, 2025

    New Calif. Law May Pave Way For More Pay Equity Suits

    A new California law modifies employers' pay disclosure obligations, but its expansion of workers' ability to sue and recover damages for pay discrimination violations may ultimately be the statute's lasting legacy, attorneys say.

  • October 20, 2025

    Security Guards Seek Trial Over Alleged OT Record Tampering

    Two security guards asked a Colorado federal judge Monday to reject a security company's bid for a win in their proposed class action, claiming the company's representations about the security guards committing time fraud were false.

  • October 20, 2025

    Hotel Fails To Comply With $1.1M Wage Award, Court Told

    The operators of a New York City hotel have failed to fully pay a roughly $1.1 million arbitration award stemming from a wage and benefits dispute, a hotel and hospitality workers union said, urging a New York federal court to order the entities to comply with the award.

  • October 20, 2025

    TikTok Urges Nix Of Wash. Applicant's Pay Transparency Suit

    TikTok urged a Washington state court to toss an applicant's proposed class action claiming the video platform failed to include salary information in job listings, arguing the worker leading the case and dozens of others couldn't show he was harmed by the omission.

  • October 20, 2025

    Bricklayer, Contractor End Suit Over Shuttling Time

    A bricklayer and a refractory contractor told a Pennsylvania federal court Monday that they agreed to end a proposed class action claiming the company failed to pay workers for the time they spent shuttling to and from the construction of a petrochemical plant.

  • October 20, 2025

    NJ Panel Skeptical That Vacation Time Is Paid Sick Leave

    A New Jersey appellate panel on Monday questioned a concrete supplier's assertion that it complied with the state's Earned Sick Leave Law even without differentiating between workers' vacation time and paid sick leave.

  • October 20, 2025

    Texas Firm Tries To Undo FLSA Ruling Just Before Trial

    A Texas personal injury law firm argued that a federal judge was mistaken when he ruled that a paralegal was an independent contractor for only the first part of her tenure, urging the court to reconsider the decision days before a trial in the wage case.

  • October 20, 2025

    Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win

    The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.

  • October 20, 2025

    NC Bakery Settles Overtime Dispute With Ex-Cook

    A former cook for a North Carolina-based bakery told a federal court that she reached a deal in her suit claiming she was paid a flat hourly rate that did not mirror how many hours she worked.

  • October 20, 2025

    Justices To Review Federal Arbitration Exemption Again

    The U.S. Supreme Court agreed Monday to take up a worker misclassification suit that could further refine an exemption to the Federal Arbitration Act.

  • October 17, 2025

    Nursing Exec Denied New Trial On Wage-Fixing Claims

    A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.

  • October 17, 2025

    3rd Circ. Streamlines Hybrid Wage Class Action Settlements

    A Third Circuit ruling that the Fair Labor Standards Act's collective action opt-in mechanism is silent about the release of unasserted claims by opt-out class action members will make it easier to settle cases containing claims under both federal and state wage and hour laws, attorneys said.

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

  • October 17, 2025

    2 Deals Totaling $2.5M Advance In Meat Industry Wage Case

    Two settlements can move forward in a suit brought by workers at red meat processing plants who alleged that Agri Beef Co., Indiana Packers Corp. and Washington Beef LLC engaged in a conspiracy to suppress wages, a Colorado federal judge ruled, finding the deals totaling $2.5 million are fair.

  • October 17, 2025

    Home Depot Says Ex-Manager Was Overtime-Exempt

    Home Depot asked a California federal judge for an early win in a former assistant store manager's proposed class action, arguing that she is not entitled to overtime pay because she was properly classified as exempt under state law.

  • October 17, 2025

    Early PWFA Ruling Highlights Need For Lactation Education

    A recent court ruling allowing the U.S. Equal Employment Opportunity Commission to move ahead with a Pregnant Workers Fairness Act case over denied pumping breaks underscores the need for employers to train managers on breastfeeding accommodations, experts said.

  • October 17, 2025

    11th Circ. Says Adjusters May Be Insurance Cos.' Employees

    A jury could reasonably find that a pair of insurance companies employed three insurance adjusters, the Eleventh Circuit ruled, flipping an Alabama district court's findings that the workers were independent contractors.

  • October 17, 2025

    Commuter Rail Union's Wage Dispute Sent Back To Arbitration

    A Massachusetts federal judge has sent back to arbitration a wage-related dispute between a maintenance workers unit of the Teamsters and the company that operates greater Boston's commuter rail system, saying he recently found he has the authority to do so.

  • October 17, 2025

    Calif. Forecast: 9th Circ. To Hear Court Exec. Race Bias Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former California state court executive officer's race discrimination case. Here's a look at that case and other labor and employment matters coming up in that state.

  • October 17, 2025

    Fired K-9 Officer Drops Bias Suit Against Mich. Hospital

    A former K-9 security officer for a Michigan hospital agreed to drop her claims that she was fired after disclosing that she was in a same-sex relationship and asking for back pay earned while caring for the dog, according to a Friday order.

  • October 17, 2025

    Mercedes-Benz, Staffing Firm Settle OT Dispute

    A billable worker told a Georgia federal court that she reached a tentative settlement with Mercedes-Benz and a staffing agency she accused of flouting the Fair Labor Standards Act by failing to pay her overtime.

  • October 16, 2025

    La Colombe Workers' $450K Wage Deal Gets Final OK

    La Colombe's hourly paid production workers have received final approval of a $450,000 settlement with the coffee chain, which was accused of failing to pay them for time spent donning and doffing protective equipment before and after their shifts, according to an order by a Pennsylvania federal judge.

Expert Analysis

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

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    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

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    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

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    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.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.