Wage & Hour

  • August 05, 2025

    Ex-Goldman Fintech Unit Pushes To Arbitrate Wage Suit

    A fintech company formerly owned by Goldman Sachs argued that a group of customer service workers signed valid arbitration agreements, urging a Georgia federal court to send to arbitration their claims that they weren't paid for work they performed before and after their shifts.

  • August 04, 2025

    Darden Shorted Tipped Longhorn Workers On Pay, Suit Says

    Restaurant operator Darden failed to pay full minimum wage to tipped workers at Longhorn Steakhouse locations in Tennessee when they performed non-tip-producing work, a worker said in a lawsuit filed in federal court Monday.

  • August 04, 2025

    Ga. Nursing Home Operator Doesn't Pay Proper OT, Suit Says

    The operator of an Atlanta nursing home failed to pay certified nursing assistants for the overtime they worked, an employee said in a proposed collective action filed in Georgia federal court.

  • August 04, 2025

    Rising Star: McDermott's Chris Braham

    Chris Braham of McDermott Will & Emery LLP helped Circle K defeat a Fair Credit Reporting Act case that went to a California appellate court and helped Darden Restaurants survive an advocacy organization's discrimination suit, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 04, 2025

    Arnold & Porter Expands On West Coast With K&L Gates Team

    Arnold & Porter Kaye Scholer LLP is continuing to grow on the West Coast, announcing Monday that it has added seven lawyers from K&L Gates LLP to its newly launched Seattle office and one to its Los Angeles location.

  • August 04, 2025

    FedEx Calls Push For Joint Employer Ruling A 'Diversion'

    FedEx did not have the level of involvement in two delivery drivers' jobs to be considered their joint employer, it told a Pennsylvania federal court, saying their bid to hold the company responsible for overtime they said went unpaid was "an unnecessary diversion."

  • August 01, 2025

    X Corp. Must Arbitrate Ex-Twitter Workers' Claims, Cover Fees

    A Seattle federal judge is forcing X Corp. to fully pay the fees for arbitrating the claims of about 150 former Twitter employees in Washington who say they were shorted on bonus and severance pay amid layoffs after Elon Musk took over the social media giant in 2022.

  • August 01, 2025

    Indiana Health Care Co. Fudged Workers' Time, Suit Claims

    An Indiana health care network falsified employees' time sheets to avoid paying their overtime, a financial counselor claimed in a proposed class and collective action in federal court.

  • August 01, 2025

    GEO Pushes Justices To Grant Appeal Of Immunity Ruling

    Private prison corporation GEO urged the U.S. Supreme Court to rule that government contractors have the right to challenge courts' rulings that they are not entitled to derivative sovereign immunity, saying that such denials are collateral orders worthy of an appeal.

  • August 01, 2025

    Fault Lines Persist Around Arbitration For Last-Mile Drivers

    The muddy contours of the transportation worker exemption to federal arbitration law may be reviewed once more by the U.S. Supreme Court in an overtime case, showing the persistent challenges of delimiting the so-called last-mile driver and their relationship to interstate commerce, attorneys say.

  • August 01, 2025

    Calif. Forecast: Toxicology Co. Wants Wage Claims Arbitrated

    In the coming week, attorneys should watch for arguments about whether a proposed wage and hour class action against a drug and alcohol testing company should be sent to arbitration or back to state court. Here's a look at that case and other labor and employment matters on deck in California.

  • August 01, 2025

    NYC's Mamdani Brings $30 Minimum Wage To Spotlight

    Zohran Mamdani, the Democratic nominee for New York City mayor, has proposed a $30 hourly minimum wage, a move that employment law professionals said could help shift the national conversation about where the wage floor should fall. Here, Law360 explores what the proposal means for the national wage floor debate.

  • August 01, 2025

    Marriott Affiliate Banquet Workers Claim OT, Break Violations

    A Colorado hotel in the Marriott network failed to provide hundreds of banquet servers with rest breaks, leading to unpaid overtime, three workers said in a proposed class and collective action filed in state court.

  • August 01, 2025

    NY Forecast: Judge Weighs Tossing Hospital Retaliation Suit

    This week, a New York federal judge will consider tossing a suit brought by a former administrator at Mount Sinai Beth Israel hospital who claims she was fired for complaining about sexual harassment she faced from a co-worker.

  • July 31, 2025

    Wyndham Can't Escape Hotel Workers' Labor Trafficking Suit

    Wyndham Hotels & Resorts Inc. can't get out of a lawsuit alleging that two hotels, in West Virginia and western Pennsylvania, forced homeless or desperate people into servitude in exchange for shelter, though a federal judge has trimmed several claims against the company and one hotel's owners.

  • July 31, 2025

    Drexel Ordered To Pay $546K In Fees, Costs In Equal Pay Case

    A former Drexel University professor found at trial to have been paid less than her male colleagues can recoup nearly $546,000 in attorney fees and costs, a Pennsylvania federal judge ruled Thursday, rejecting arguments her request was late, and was inappropriate because her lead counsel was her husband.

  • July 31, 2025

    Firefighter Says Military Service Cost Her Pay, Opportunities

    The Jersey City, New Jersey, fire department shorted a firefighter on pay and pension benefits while she was out on military leave and deprived her of opportunities upon her return to work, according to a lawsuit filed in state court.

  • July 31, 2025

    Rising Star: Proskauer's Rachel Fischer

    Proskauer Rose's Rachel Fischer has successfully defended high-profile clients such as Fox News in a former producer's sexual harassment and assault suit and the MLB in an umpire's race discrimination suit, earning her a spot among the employment practitioners under age 40 honored by Law360 as Rising Stars.

  • July 31, 2025

    Agriculture Co. Strikes $2M Deal To End Workers' Wage Suit

    An agriculture company agreed to pay $2 million to resolve a Private Attorneys General Act lawsuit accusing it of failing to pay warehouse employees for work they perform off the clock and not providing duty-free meal periods, a filing in California federal court said.

  • July 31, 2025

    Wage & Hour Features Revisited: State Debates, DOL Changes

    From a look at policy changes at the U.S. Department of Labor to the perils of "bossware," catch up on Law360 Employment Authority's wage and hour coverage from July.

  • July 31, 2025

    J&J Fired Sales Worker Who Reported Pay Issue, Suit Says

    Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.

  • July 31, 2025

    LA Metro Fails To Pay For Preshift Work, Suit Says

    The Los Angeles County Metropolitan Transportation Authority requires certain employees to show up to work 15 to 30 minutes before their scheduled shifts but declines to compensate them for this additional work, a proposed class action filed in California federal court said.

  • July 31, 2025

    Kaufman Dolowich Adds Jackson Lewis Employment Pro

    Kaufman Dolowich is boosting its labor and employment team, bringing in a Jackson Lewis PC labor attorney as a partner.

  • July 30, 2025

    Judge Presses Both Sides On Denver Wage Ordinance Fight

    A Colorado federal judge had a slew of questions Wednesday for attorneys regarding competing motions for dismissal and summary judgment in two employment companies' case against the city and county of Denver alleging officials overstepped in their attempt to audit wage violations.

  • July 30, 2025

    Wash. Lumber Co. Strikes $1.6M Deal To End Wage Case

    A Washington state lumber company agreed to pay $1.6 million to settle a proposed class action alleging it didn't provide legally required breaks, forced employees to work off the clock and didn't properly pay overtime, workers said Wednesday in federal court.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    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

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    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

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    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.