Wage & Hour

  • November 26, 2025

    JetBlue Can Settle With Wash. Putative Wage Class Members

    A Washington state judge declined on Wednesday to block JetBlue from pursuing individual settlements with putative class members in a pending wage action, concluding the plaintiff workers hadn't shown "anything nefarious" about the airline's severance package talks with employees related to a recent closure.

  • November 26, 2025

    Updated Deal To End School Bus Driver's Wage Suit Gets OK

    A Georgia school district will pay nearly $9,000 to end a former bus driver's Fair Labor Standards Act suit alleging it didn't pay her for three months after she returned from an injury-related leave, with a federal judge finding the parties had addressed issues with a previous version of the settlement. 

  • November 26, 2025

    5 Wage And Hour Legal Questions As 2025 Winds Down

    The debates over who qualifies for a transportation worker exemption to federal arbitration requirements and whether two steps should be used for collective action certification are some of the wage and hour issues employment law attorneys' minds as 2025 winds down. Here, Law360 explores five wage and hour legal questions that are developing.

  • November 26, 2025

    Nurse For App-Based Health Co. Can't Revive Retaliation Suit

    A Washington appeals court refused to revive a nurse's suit claiming she was fired from an app-based medical provider for complaining that it underpaid and overworked independent contractors, ruling she failed to show her termination was because of her concerns rather than reports that she was unprofessional.

  • November 26, 2025

    Wage & Hour Features Revisited: Enforcement, Military Leave

    From a deep dive into paid military leave to a multifaceted look at workers' rights policy and enforcement in the Trump era, catch up on Law360 Employment Authority's wage and hour stories from November.

  • November 26, 2025

    Abbott Accused Of Miscalculating Workers' Overtime

    Abbott Laboratories miscalculated employees' overtime by failing to include periodic award pay in the regular rate of pay when they worked more than 40 hours per week, a former employee said in a proposed collective action in Illinois federal court.

  • November 25, 2025

    9th Circ. Offers Mixed Ruling On Jack In The Box Wage Claims

    A trial must address whether Jack in the Box willfully deducted too much from workers' wages, the Ninth Circuit ruled on Tuesday, flipping workers' win on claims the fast-food company over-deducted their wages while reviving their claims over deductions for nonslip shoes.

  • November 25, 2025

    4th Circ. OKs Fees In Health Co. Workers' OT Suit

    A healthcare company must pay $410,000 in attorney fees and costs in overtime suits filed by nearly a dozen former employees, the Fourth Circuit ruled Tuesday, upholding a lower court's calculations after initially rejecting them.

  • November 25, 2025

    2nd Circ. Won't Reinstate Fired Telecom Worker's FMLA Suit

    The Second Circuit refused Tuesday to revive a lawsuit from an account manager who said she was fired by telecommunications company Orange Business for taking time off to care for family members with medical conditions, finding she couldn't overcome the company's explanation that she was let go for poor performance.

  • November 25, 2025

    9th Circ.'s FLSA Retaliation Ruling Puts Employers On Notice

    A Ninth Circuit ruling that a third party not initially involved in a lawsuit could nevertheless be sued for retaliation is a cautionary tale for employers, reminding them that the Fair Labor Standards Act provides wide cover for protected activity, attorneys said.

  • November 25, 2025

    NJ Panel Confirms Utility Co. Misclassified Workers

    A New Jersey utility systems installer should have classified workers on public projects under the prevailing wages for electricians, a New Jersey appellate panel said Tuesday, affirming the state Department of Labor determination that the company owed nearly $159,000 in wages, penalties and fees.

  • November 25, 2025

    Health System Can't Dodge Worker's Time-Rounding Claims

    An Ohio county health system can avoid a nursing assistant's claim that it failed to pay semimonthly wages on time, but she can continue pursuing her claims that the company illegally rounded down workers' time, a federal judge ruled.

  • November 25, 2025

    Ogletree Deakins Welcomes Saber Law Employment Atty In SF

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC is expanding its West Coast team, bringing in a Saber Law Group employment litigator as a shareholder in its San Francisco office.

  • November 24, 2025

    Colo. Hospitals Accused Of Denying Workers Break Pay

    A respiratory therapist told a Colorado state court that two hospitals violated state labor laws by neglecting to pay employees for missed breaks during shifts.

  • November 24, 2025

    Atty Fees Cut In $600K Wage Deal With Roofing Co.

    A $600,000 deal between crew workers and a roofing contractor snagged its final OK even with some remaining concerns, but the workers' counsel didn't support their request to allocate 33% of their wage settlement in fees, barring a reduction, a California federal judge ruled.

  • November 24, 2025

    Staffing Co., Colo. Ink $400K Deal In Worker Classification Suit

    An app-based staffing company and its affiliate will pay $400,000 after Colorado officials determined it misclassified workers as independent contractors and failed to pay the proper unemployment insurance premiums, the state announced Monday.

  • November 24, 2025

    Stone Hilton Fights Ex-Aide's Bid To Toss FLSA Defense

    A former Stone Hilton PLLC executive assistant's bid to toss the firm's defense in her sexual harassment and unpaid wage suit that she is exempt from the Fair Labor Standards Act was three weeks late, the firm and its founders have told a Texas court.

  • November 24, 2025

    UFW Says H-2A Wage Rule Hurts American Workers

    The U.S. Department of Labor rolled out an illegal rule related to the wage rate for H-2A agricultural workers that will push American farmworkers out of work, the United Farm Workers union told a California federal court.

  • November 24, 2025

    Auto Paint Co. Denied Techs Overtime, Suit Says

    Auto paint and equipment distributor Albert Kemperle LLC has misclassified its technicians as exempt from overtime, according to a proposed class action filed in Massachusetts state court.

  • November 21, 2025

    Ex-Kia, Hyundai Workers Score $11.5M Deal In Wage Suit

    A Hyundai supplier, a Kia plant and two staffing agencies have reached an $11.5 million deal to resolve a suit by production line workers who accused the companies of a scheme to obtain cheap labor from skilled Mexican engineers and underpay them, according to filings in Georgia federal court.

  • November 21, 2025

    Colo. Healthcare System Stiffing Workers, Court Told

    A pair of former workers for a hospital and healthcare facility operator in Colorado have accused their past employer of routinely shortchanging their pay in violation of state and federal wage and hour laws, according to a proposed class action filed in federal court.

  • November 21, 2025

    Worker Says Morgan & Morgan Fired Her Over Fraud Concern

    Injury law firm Morgan & Morgan PA fired a case manager after she voiced a concern about fraudulent client hospital records she said the firm gave to opposing counsel to snag more favorable settlements and failed to pay overtime, according to a suit in California state court.

  • November 21, 2025

    11th Circ. Backs Security Guard's Win In FLSA Suit

    A security company reduced a security guard's nonovertime wage only when he worked 60-hour weeks in an attempt to avoid paying overtime, the Eleventh Circuit ruled Friday, affirming the worker's win in Florida federal court.

  • November 21, 2025

    Firefighter Owed Pay For Service Leave, Mass. Court Finds

    A Boston suburb owes a now-retired firefighter back pay for more than 70 days he spent serving Air National Guard duty, the state's intermediate-level appeals court said Friday, clarifying a Massachusetts law intended to protect the salaries of public employees who are also service members.

  • November 21, 2025

    Nike Worker Blows Whistle On Alleged Wash. Wage Violations

    A Pacific Northwest retail worker is calling foul on Nike for allegedly denying employees rest and meal breaks, sick leave, overtime pay and other wages owed, according to a new lawsuit in Washington state court.

Expert Analysis

  • Calif. Justices Usher In Stricter Era For Wage Law Ignorance

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    In Iloff v. LaPaille, the California Supreme Court determined that neither an employer's ignorance of wage obligations nor a worker agreeing to an unconventional arrangement is sufficient to establish good faith, demonstrating that the era of casual wage arrangements without legal vetting is over, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Wash. Ruling Raises Pay Transparency Litigation Risk

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    Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.

  • A Mortgage Lender's Guide To State Licensing Overhaul

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    Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.