Wage & Hour

  • October 22, 2025

    Sales Workers At John Deere Retailer Snag Collective Cert.

    Sales workers of a John Deere retailer can pursue as a collective their claims that they were misclassified as overtime-exempt, a Georgia federal judge said Wednesday, granting their unchallenged bid for conditional certification.

  • October 21, 2025

    Experts Hope Supreme Court Will Offer Arbitration Bright Line

    The U.S. Supreme Court may finally settle whether last-mile drivers are part of interstate transportation and thus exempt from federal arbitration requirements, leaving experts wondering just how far the high court will go toward resolving an issue that continually bogs down litigation.

  • October 21, 2025

    Mitsubishi Electric Gets 1st Nod For $515K Wage Class Deal

    A $515,000 deal to settle a suit accusing Mitsubishi Electric Automotive America of only paying workers based on their scheduled shifts will go forward, an Ohio federal judge ruled, finding the settlement fair and reasonable.

  • 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.

Expert Analysis

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.