Wage & Hour

  • 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.

  • November 21, 2025

    NC Farmworker Wage Trial Canceled Amid Proposed Deal

    A North Carolina federal judge has called off a December jury trial over claims that Lee and Sons Farms underpaid migrant H-2A workers and forced them to buy inadequate meals, with the parties telling the court there is a proposed settlement.

  • November 21, 2025

    Calif. Forecast: Tribe To Make Sovereignty Args In Labor Suit

    In the next two weeks, attorneys should keep an eye on Ninth Circuit oral arguments regarding whether a Native American tribe's sovereignty shields it from a labor arbitration award. Here's a look at that case and other labor and employment matters coming up in California.

  • November 21, 2025

    Atty Had 6 AI Tools Check Each Other, Yet Fakes Still Cited

    A California federal judge has sanctioned a solo practitioner representing the plaintiffs in a proposed wage and hour class action against clothing brand Vuori Inc. after he admitted to using about a half-dozen artificial intelligence tools to prepare a motion.

  • November 21, 2025

    Longtime DOJ Atty Joins Kalijarvi Chuzi In Washington

    An attorney who spent about 17 years with the U.S. Department of Justice's Civil Rights Division, and was part of a team that challenged a North Carolina law banning transgender people from using bathrooms that aligned with their gender identity, has joined Kalijarvi Chuzi Newman & Fitch PC.

  • November 21, 2025

    IRS Issues Guidelines For Claiming Tip Tax Relief In 2025

    The Internal Revenue Service published guidance Friday for taxpayers looking to claim the new tax deductions for tips and overtime in 2025, as relevant tax forms haven't yet been updated to more easily account for them.

  • November 21, 2025

    Red Cross Workers' $3.5M Wage Deal Halted Again

    A $3.5 million deal to end a proposed wage and hour class action against the American Red Cross can't move forward because the worker who lodged the suit did not fix certain issues a California federal judge pointed out, the judge ruled.

  • November 20, 2025

    States Back Hockey Players In Antitrust Fight Over Contracts

    More than a dozen states have thrown their support behind current and former players in an antitrust lawsuit against the National Hockey League and its pipeline junior organizations, arguing a lower court's dismissal ignores how exclusive recruiting territories reduce competition for labor.

  • November 20, 2025

    Deal To End Twitter Ex-Workers' $500M Severance Suit Falters

    A tentative deal to end a proposed class action against X Corp. and Elon Musk alleging Twitter Inc. ex-workers are owed some $500 million in severance has hit a stumbling block, with attorneys representing individual ex-employees disputing how to proceed in federal court in dueling briefs.

  • November 20, 2025

    State AGs Again Turn To Workers' Rights Units In Trump Era

    The Washington attorney general's new worker rights unit to combat wage theft amid what the official said was a lack of enforcement by President Donald Trump's administration is the latest such effort by Democratic attorneys general and one that attorneys say employers should take seriously.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.