Wage & Hour

  • January 27, 2025

    San Francisco Nurses Urge High Court To Weigh OT Case

    A Ninth Circuit panel disregarded U.S. Supreme Court precedent when it ruled that the salary basis test applies differently to public and private employees, a group of San Francisco nurses said, urging the justices to step in.

  • January 27, 2025

    Fla. Judge Won't Recuse Over 'Adverse Ruling' In CBD Row

    A Florida federal magistrate judge has refused to step down from a case where she recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying adverse rulings are not grounds for recusal.

  • January 27, 2025

    Employment Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP scored significant employer-side wins this year, including a Texas federal court's decision to nationally invalidate a federal rule banning noncompetes and defeating misclassification claims against Uber in Massachusetts, once again earning the firm a spot among the 2024 Law360 Employment Groups of the Year.

  • January 27, 2025

    Philly VA Worker Fired Over Pregnancy Leave, Suit Says

    A food service worker at the Philadelphia Veterans Affairs Medical Center was denied her leave and accommodation requests during her pregnancy and eventually fired for being absent too much, she said in a suit filed in Pennsylvania federal court.

  • January 27, 2025

    State Law Will Drive Detainee Employee Status

    A split Ninth Circuit opinion finding that applying Washington's minimum wage law to federal immigration detainees doesn't violate intergovernmental immunity shows the role state law will play in future battles over the employee status of those in civil detention, attorneys say.

  • January 27, 2025

    Harvard Lecturer Says Monthly Payroll Flouts Wage Law

    Harvard University is violating Massachusetts wage law by paying its faculty once a month rather than weekly or biweekly, an instructor alleged in a proposed class action filed in state court.

  • January 27, 2025

    Anthem Says Nurses Too Dissimilar For Collective Status

    Anthem urged a New York federal court to dismantle a collective of nurses who accused the healthcare company of incorrectly classifying them as overtime-exempt, saying the workers' jobs varied too much to let them proceed as a group.

  • January 24, 2025

    DOL Ends All Contractor Bias Probes Following Trump Order

    The U.S. Department of Labor on Friday halted all investigations and enforcement in the wake of President Donald Trump's executive order earlier this week pulling a longstanding, core legal authority used to prevent federal contractors from discriminating against workers.

  • January 24, 2025

    Colo. Judge Asks If Uber Pay Law Is Like Cigarette Warning

    A Colorado federal judge asked the state whether a law requiring Uber to disclose driver pay to riders can be compared to cigarette warning labels if riders are getting the information after a ride is completed, at a hearing Friday to consider whether to block the law from taking effect.

  • January 24, 2025

    Delivery Co. Flouted FLSA, Amazon Driver Claims

    An independent freight carrier that allegedly contracts with Amazon has been hit with a proposed class action in New York federal court claiming its delivery drivers are deprived of meal breaks, overtime pay and other wages.

  • January 24, 2025

    4 Pitfalls Employers Face When They Wean Off Remote Work

    President Donald Trump issued an executive order on his first day in office requiring nearly all federal employees to return to physical offices, a shift away from telework that some private sector companies are also embracing. Here, experts discuss four errors that private employers make when implementing return-to-work policies.

  • January 24, 2025

    Ill. Justices Say Performance Bonuses Count In OT Math

    Two workers will have another shot at arguing an electric company failed to pay the proper amount of overtime because state law doesn't exclude performance bonuses from overtime math, the Illinois Supreme Court ruled Friday.

  • January 24, 2025

    Healthcare Co. Gets Final OK On $14.5M Wage Deal

    An Oregon federal judge gave the green light to a $14.5 million settlement that resolves a 17,000-member class action accusing a healthcare company of failing to provide nurses and other hourly employees with uninterrupted meal periods.

  • January 24, 2025

    DOL, Office Cleaning Co. Reach $182K Deal In Wage Suit

    An office cleaning company will pay $182,500 to end a U.S. Department of Labor suit alleging it stiffed workers on overtime and minimum wages, according to a filing in Puerto Rico federal court Friday.

  • January 24, 2025

    Campbell's Unit Accused Of Failing To Pay For Off-Clock Work

    A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.

  • January 24, 2025

    Calif. Forecast: $3.6M Freight Co. Wage Deal Could Get OK'd

    In the next week, attorneys should watch for the potential final approval of a $3.6 million settlement in a wage and hour class action against a freight carrier. Here's a look at that case and other labor and employment matters on deck in California.

  • January 24, 2025

    Employment Group Of The Year: Shegerian & Associates

    Shegerian & Associates won two jury trials for an oncologist in her gender discrimination lawsuit and secured a $14 million award for a bank manager who was fired for taking leave to care for her critically ill husband, earning the firm a place among the 2024 Law360 Employment Groups of the Year.

  • January 24, 2025

    'Anora' Highlights Exotic Dancer Classification Debate

    The film "Anora," which has now received six Oscar nominations, including one for Best Picture, sheds light on wage and hour issues involving exotic dancers, who frequently bring claims stemming from their independent contractor classification. Here, Law360 explores the issue.

  • January 24, 2025

    NY Forecast: Judge Hears YouGov's Bid To Toss Bias Suit

    This week, a New York federal judge will consider YouGov's bid to toss a former executive's lawsuit claiming she was discriminated against because of her gender and ultimately forced to resign after she complained about her treatment.

  • January 24, 2025

    Communications Contractor Inks $190K Deal To End OT Suit

    A communications construction contractor will pay $190,000 to end a proposed class and collective action alleging it failed to pay field workers overtime wages for hours worked over 40 per week, according to a filing in Pennsylvania federal court Friday.

  • January 24, 2025

    Fifth Third, United Accused Of Using Prepaid Cards For Wages

    Fifth Third Bank and a slew of other companies, including United Airlines, compensated employees through prepaid cards that required workers to pay fees to get their wages, a worker said in a proposed class action filed in California state court.

  • January 24, 2025

    Circle K Fails To Pay For Travel Costs, Manager Says

    Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.

  • January 23, 2025

    Limits On Biden's Contracting Power Could Also Hinder Trump

    A Trump administration order barring federal contractors from engaging in diversity, equity and inclusion programs could face court challenges, following the path of decisions rejecting the Biden administration's arguments it had statutory authority for minimum wage and vaccine requirements.

  • January 23, 2025

    Wash. Justices Back Workers' View On Moonlighting Law

    Washington's highest court clarified on Thursday that the state's moonlighting protections shield low-wage workers from noncompete terms that would outright ban them working for any competitor in any capacity, concluding that employers must narrowly tailor such restrictions to be line with employees' common-law duty of loyalty.

  • January 23, 2025

    Security Officers Say NYPD Pays Late For Off-Duty Work

    The New York Police Department pays officers months late for their time spent performing off-duty uniformed security work for participating businesses, according to a proposed class and collective action filed in New York federal court Thursday.

Expert Analysis

  • New Wash. Laws Employers Should Pay Attention To

    Author Photo

    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

    Author Photo

    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

    Author Photo

    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

    Author Photo

    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

    Author Photo

    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

    Author Photo

    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

    Author Photo

    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

    Author Photo

    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

    Author Photo

    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

    Author Photo

    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

    Author Photo

    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

    Author Photo

    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.