Wage & Hour

  • 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.

  • October 16, 2025

    Wage Reporting Laws Are Useful Deterrents To Pay Inequality

    Equal pay data reporting laws are part of the broader embrace of pay transparency, and though their utility lies in forcing employers to audit their pay practices, the data is imperfect, attorneys said.

  • October 16, 2025

    X, Musk Settle Former Executives' Severance Suit

    Three former Twitter executives have settled their lawsuit claiming they were deprived of millions of dollars in severance benefits following Elon Musk's takeover of the social media company, according to a filing Thursday in California federal court.

  • October 16, 2025

    LA Beats Ex-Police Lt.'s Military Leave Bias Suit Before Trial

    The city of Los Angeles on Thursday beat a proposed class action alleging its police department didn't grant equal sick and vacation time to service members and passed them over for promotions because of their service obligations, weeks before jury trial was set to commence in California federal court. 

  • October 16, 2025

    NY Health System Hit With Time Rounding, Meal Break Suit

    A health system in New York has been automatically deducting meal breaks and rounding hours on workers' time sheets, cheating them out of wages, according to a proposed class and collective action filed in federal court.

  • October 16, 2025

    Texas Law Firm Partially Misclassified Paralegal, Judge Rules

    A former paralegal for a Texas law firm was an independent contractor for the first four years at the firm, but an employee for the remaining two, a federal judge ruled while denying her bid to snag a win on her overtime and minimum wage claims.

  • October 16, 2025

    3rd Circ. Says FLSA Doesn't Limit Class Member Settlements

    The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.

  • October 16, 2025

    3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers

    The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.

  • October 15, 2025

    Alaska Airlines Seeks To Ground Pilot Sick Leave Accrual Suit

    A former Alaska Airlines pilot's suit claiming that he should have accrued vacation and sick time while on long-term military assignments cannot stand because the company doesn't provide such a benefit to other types of leave, the airline told a Washington federal court.

  • October 15, 2025

    Calif. Stay-Or-Pay Ban Creates Wage Suit Pathway

    California’s new ban on stay-or-pay provisions in employment contracts brings the issue of debt repayment under wage and hour law, a change attorneys expect will largely end the use of such arrangements or lead to civil suits under a new monetary penalty.

  • October 15, 2025

    Wash. Judge Rejects Consulting Co.'s $295K Deal In OT Suit

    A Washington federal judge refused to approve a $295,000 settlement in a proposed collective action accusing a consulting company of not paying workers overtime, finding no "bona fide dispute" existed over whether the company was required to pay overtime rates and that the deal would improperly waive workers' rights.

  • October 15, 2025

    Mortgage Co. Can't Nix Worker's Racist Nickname Allegations

    A New York federal judge narrowed but refused to toss a bias suit from a Black mortgage company worker who said his white boss repeatedly called him a nickname using a racial slur, ruling a reasonable jury could find he'd endured an unlawfully hostile work environment.

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.