Wage & Hour

  • August 13, 2025

    NLRB Judge Clears GE Of Firing Claim Tied To OT Complaint

    GE Appliances lawfully disciplined and terminated a probationary employee who complained about the company's overtime policy, a National Labor Relations Board judge ruled, finding the worker's actions were not protected under federal labor law.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.

  • August 12, 2025

    Split Calif. High Court Upholds Validity Of Arbitration Fee Rule

    A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.

  • August 12, 2025

    Home Care Worker's OT Deal Delayed By 'Problematic' Clause

    A Connecticut federal judge denied a $60,000 proposed settlement between a home health care worker and her former employer because it contained a "problematic" clause banning the worker from seeking a job from the same employer in the future.

  • August 12, 2025

    NJ Judge Trims Ex-Bank Regulator's Discrimination Suit

    A New Jersey state judge has trimmed a discrimination and retaliation suit brought by a former acting director at the state's Department of Banking and Insurance, tossing her unequal pay and hostile work environment claims, but allowing her retaliation and failure to promote claims to proceed.

  • August 12, 2025

    Ogletree Adds PE Firm's Associate GC As Utah Shareholder

    Ogletree Deakins Nash Smoak & Stewart PC has added the former associate general counsel for private equity and venture capital firm Fifth Partners as a shareholder in its Salt Lake City office.

  • August 12, 2025

    Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says

    The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.

  • August 11, 2025

    Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid

    A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.

  • August 11, 2025

    OT Suit Against ConEd Strong Enough To Survive, Judge Says

    A New York federal magistrate judge has recommended preserving a proposed class action that accuses Con Edison and its subcontractors of failing to pay overtime wages to workers who directed traffic at the utility company's job sites.

  • August 11, 2025

    Trump College-Athlete Mandate Seeks DOL Input Amid Cases

    President Donald Trump’s mandate that the U.S. Department of Labor weigh in on the status of college-athletes could result in a rule or guidance that declares them employees or non-employees, which could impact which wage and hour protections apply. Here, Law360 explores what the DOL could say on the issue.

  • August 11, 2025

    Split 8th Circ. Revives Minn. Suit Over Union Leave

    The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.

  • August 11, 2025

    Posner Accuser Wants Roberts To Pick Judges For Wage Case

    The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.

  • August 11, 2025

    Fisher Phillips Adds Back Kahana Feld Labor Atty In Calif.

    Fisher Phillips is expanding its West Coast team, announcing Monday a Kahana Feld LLP labor and employment ace is returning to the firm as a partner its Orange County office in Irvine, California.

  • August 08, 2025

    Truck Driver Seeks Class Cert. In Time Card Rounding Row

    A California federal court must grant class certification to truck drivers at a construction materials company that allegedly underpaid workers by rounding on time cards, a former employee argued, saying the workers did not receive accurate wage statements.

  • August 08, 2025

    NY Forecast: Judge Weighs NLRB Injunction Bid At Nonprofit

    This week, a New York federal judge will consider whether to order a homeless shelter operator to bargain with a Service Employees International Union affiliate over allegations that the nonprofit refused to bargain with the union and threatened workers over their union activity. Here, Law360 looks at this and other cases on the docket in New York.

  • August 08, 2025

    9th Circ. Won't Review Collective Action Ruling In Wage Case

    The Ninth Circuit said Friday it won't weigh a panel's decision that Cracker Barrel servers from only the state where a wage suit originated should be kept in a collective action, and turned down the restaurant chain's bid to reevaluate the first step of the certification process.

  • August 08, 2025

    Papa John's No-Poach Deal Barely Clears Initial Hurdle

    A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.

  • August 08, 2025

    Calif. Forecast: Amazon-NLRB Fight Heads To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in Amazon's challenge to the constitutionality of the National Labor Relations Board's structure. Here's a look at that case and other labor and employment matters coming up in California.

  • August 08, 2025

    X Says Former Employee Was Fired For Misconduct

    A former X employee was fired after writing on Slack about a "kill command" that could have turned off the website, according to the social media company, telling a California federal court that his Worker Adjustment and Retraining Notification Act suit can't stand.

  • August 08, 2025

    NY Firm Falcon Rappaport Adds Employment Partner

    New York business law firm Falcon Rappaport & Berkman LLP has hired an attorney from Tannenbaum Helpern Syracuse & Hirschtritt LLP as a partner in its labor and employment practice group, the firm announced.

  • August 08, 2025

    Black Officer's Lower Pay Ruled Not Based On Discrimination

    The pay disparity between a Black female corrections lieutenant and two white male lieutenants was rooted in civil service pay rules and job differences, not gender and race-based discrimination, an Alabama federal judge ruled.

  • August 07, 2025

    Connecticut Litigation Highlights In The 1st Half Of 2025

    Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.

  • August 07, 2025

    Worker Says Property Firm Fired Her Over Medical Diagnosis

    A property management firm has been sued in Georgia federal court by a former employee who alleged she was discriminated against and eventually fired after being diagnosed with ovarian fibroids requiring a hysterectomy and hernia repair.

  • August 07, 2025

    Healthcare Consulting Co. Agrees To Pay $16M In OT Dispute

    A healthcare consulting company agreed to pay $16 million in a lawsuit accusing it of misclassifying care coordinators as overtime-exempt under the Fair Labor Standards Act, about 200 workers said in a settlement approval bid filed in New Mexico federal court Thursday.

  • August 07, 2025

    7th Circ.'s Collective Cert. Standard Strikes Balance, Attys Say

    A new framework the Seventh Circuit laid out for certifying collective actions in wage and hour litigation has attorneys for both employers and workers at first blush feeling relieved, as the panel majority put forward a flexible approach that gives lower courts discretion.

Expert Analysis

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 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.