Wage & Hour

  • June 04, 2025

    Fisher Phillips Snags Labor Atty From Davis Wright In Seattle

    A former Davis Wright Tremaine LLP attorney representing employers in wage-and-hour disputes and traditional labor matters has started as a partner at Fisher Phillips LLP in Seattle, the firm announced, and will remain focused on tackling labor and employment claims for his clients.

  • June 04, 2025

    Auto Co. Says Recent Orders Support Axing Class Wage Suit

    Seven recent decisions support an automobile parts company's bid to nix class and collective claims in a workers' lawsuit alleging they were shorted on wages, the firm told a North Carolina federal court Wednesday, saying those cases show that the allegations cannot stand because they were filed too late.

  • June 04, 2025

    GM Got Overtime Math Wrong, Ex-Worker Says

    General Motors miscalculated employees' overtime by failing to factor cost-of-living adjustment pay in their regular rate of pay, a former employee said in a proposed collective action filed in Michigan federal court.

  • June 04, 2025

    Driver Says Colo. Waste Co. Shorts Workers On Wages

    Southern Colorado Waste and Recycling knew that drivers were working straight through their designated meal breaks but deducted 30 minutes of working time from their paychecks anyway, a proposed class and collective action filed in federal court said.

  • June 04, 2025

    Injunctions Key Tool In W&H Fights, Birthright Case Illuminates

    Nationwide injunctions could be on the chopping block at the U.S. Supreme Court over President Donald Trump's birthright citizenship order, sparking debate over the role they play in wage and hour law by curtailing regulatory overreach and helping employers operate with predictable compliance obligations, attorneys say.

  • June 04, 2025

    Ex-Ga. Strip Club Workers Slam Bid To DQ Attys In Wage Suit

    Lawyers for a pair of former Atlanta strip club workers called on a federal judge Wednesday to reject an "extremely untimely" bid to disqualify them by the clubs' owners, arguing the owners don't bother to substantiate their claims that the plaintiffs can't be represented by the same counsel because one was the other's supervisor.

  • June 04, 2025

    Legal Services Co. Hit With Consultant Misclassification Suit

    A company providing client intake and retention services to law firms misclassified consultants as independent contractors and paid them only for the time they spent on calls or were available to take them, a worker said in a proposed collective action in Tennessee federal court.

  • June 04, 2025

    Compliance Chiefs Eye New Jobs Amid Pay Growth Slowdown

    More than half of chief compliance officers are considering seeking new job opportunities in the coming year, according to a Wednesday report from in-house legal and compliance advisory firm BarkerGilmore LLC, which also found CCO pay growth generally slowed down compared to last year.

  • June 04, 2025

    Workers Slam Perdue's Bid To Strike Opt-Ins In Wage Case

    Perdue Foods' bid to boot seven opt-in plaintiffs from a suit accusing the company of misclassifying poultry growers as independent contractors is an "impermissible attempt" to circumvent discovery, the workers told a Maryland federal court.

  • June 04, 2025

    Orlando Says $1 Typo Cost It Win In Workers' Unpaid OT Suit

    A $1 typo should not doom Orlando's bid for a pretrial win in a suit by district fire chiefs alleging they were wrongly denied overtime, the city told a Florida federal court, arguing the workers' salaries actually do fall under the overtime exemption.

  • June 03, 2025

    Proposed DOL Wage Division Cuts Signal Shift In Enforcement

    The Trump administration's proposed $25 million in cuts to the U.S. Department of Labor's Wage and Hour Division budget indicates that it plans to rely more on guidance than enforcement, agency veterans and other employment law observers said.

  • June 03, 2025

    Toyota Dealer, Cleaning Cos. Accused Of Failing To Pay Wages

    A Toyota dealership and the operators of a cleaning company failed to appropriately compensate a worker for his minimum, overtime and spread-of-hours wages, the worker claimed in a lawsuit filed in New York federal court, saying he resigned out of fear he would face retaliation for bringing the suit.

  • June 03, 2025

    Home Depot To Pay $3.35M To End Workers' OT Suit

    Home Depot will pay $3.35 million to resolve a nearly 13-year-old Private Attorneys General Act lawsuit accusing it of improperly recording workers' shifts that went past midnight, which caused their overtime hours to drop, a filing in California federal court said.

  • June 03, 2025

    Health System, Staffing Co. Accused Of Shaving Work Time

    New York state's largest healthcare provider and a staffing firm unlawfully round down the amount of time employees spend working and deduct 30 minutes from their hours regardless of whether they took a break, according to a lawsuit filed in federal court.

  • June 03, 2025

    HCA Worker Wants Collective Status In Time-Rounding Suit

    HCA Healthcare Inc. manipulated workers' time sheets so that they were paid less, a respiratory therapist said while urging a North Carolina court to greenlight a collective in her wage suit.

  • June 03, 2025

    Fisher Phillips Brings On Former Gap Counsel In Fla.

    A former in-house attorney for clothing giant Gap Inc. rejoined the private practice space as a partner in Fort Lauderdale, Florida, at Fisher Phillips, the firm announced Tuesday.

  • June 03, 2025

    T-Mobile Can't Shut Down Ex-Employee's Race Bias Case

    T-Mobile can't end a former employee's suit claiming she was given a minimal bonus and eventually terminated because she's Black, a Washington state federal judge ruled, saying the company's assertion that she had performance issues was inconsistent with the evidence.

  • June 03, 2025

    The Law360 400: A Look At The Top 100 Firms

    A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.

  • June 03, 2025

    BofA Mortgage Officers To Turn Over Certain Docs In OT Row

    Mortgage loan officers will have to turn over certain documents in discovery related to their suit accusing Bank of America of misclassifying them as overtime-exempt, a North Carolina federal judge ruled, narrowing certain requests and keeping tax returns out.

  • June 03, 2025

    Calif. Panel Won't Restore Subclasses In Nurses' Wage Suit

    Two nurses failed to back up their assertions that a hospital system similarly refused to provide their colleagues with meal and rest breaks, a California state appeals court ruled, upholding an order that decertified two subclasses in their wage suit.

  • June 02, 2025

    Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling

    A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.

  • June 02, 2025

    Charles Schwab Misclassifies Workers, OT Suit Claims

    Charles Schwab classifies workers as overtime-exempt even though their duties make them eligible for overtime, a former employee said in a proposed collective action filed in Texas federal court.

  • June 02, 2025

    Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool

    A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.

  • June 02, 2025

    Google Wants Ex-Sales Rep's $2M Commission Suit Tossed

    Google urged a Connecticut federal court to ax a former Google Cloud salesman's suit alleging that the company owes him $2 million in commissions and fired him while he underwent cancer treatments to dodge insurance benefits, saying his claims can't stand.

  • June 02, 2025

    Twitter Must Search Email, Slack Records In Severance Spat

    Fired Twitter executives can force the social media company to comb through emails and Slack channels for specific terms to support their lawsuit alleging they are owed $200 million in severance, a California federal judge ruled, rejecting the company's argument that the searches would be overly burdensome.

Expert Analysis

  • 2026 World Cup: Companies Face Labor Challenges And More

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    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

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    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

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    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

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    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'

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    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.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.