Wage & Hour

  • May 16, 2025

    9th Circ. Upholds California's Employee Classification Test

    California's worker-friendly employee classification test doesn't violate the dormant commerce and equal protection clauses of the U.S. Constitution, the Ninth Circuit ruled Friday, upholding the lower court denial of a preliminary injunction.

  • May 16, 2025

    Calif. Forecast: State Justices To Hear Arbitration Fee Dispute

    In the coming two weeks, attorneys should keep an eye out for oral arguments at the California Supreme Court regarding whether federal law preempts state statutes involving arbitration fees. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 16, 2025

    Security Co.'s $2.5M Wage Deal Scores Final OK

    A security company will pay $2.5 million to about 2,000 current and former security officers who claimed they were not paid all wages or for accrued vacation and sick days, after a New York federal judge gave the deal its final OK.

  • May 15, 2025

    NC Judge Warns Of Airing 'Dirty Laundry' In Doctors' Pay Clash

    A North Carolina business court judge on Thursday told a group of anesthesiologists and their business partners to seriously consider mediating a dispute over compensation, cautioning that if they choose to litigate, they should "be prepared for their dirty laundry to be aired for everyone to see."

  • May 15, 2025

    Mass. Town's $102K Deal For Firefighters Gets Final OK

    A Massachusetts town will shell out about $102,000 to end claims that it failed to pay overtime to nearly 120 firefighters, as a federal court gave the deal its final sign-off Thursday.

  • May 15, 2025

    Farmworkers' Union Challenges H-2A Prevailing Wage Regs

    A farmworkers' union said that the U.S. Department of Labor's 2022 H-2A prevailing wage regulations cannot stand and could leave farmworkers without prevailing wage protections, urging a Washington federal court to grant the union a partial win.

  • May 15, 2025

    Sills Cummis Adds Employment Pro From Crowell & Moring

    Sills Cummis & Gross PC brought on a labor and employment attorney from Crowell & Moring LLP who brings more than two decades of experience to the firm's New York office advising employers on how to navigate disputes and ensure they comply with prevailing wage laws.

  • May 15, 2025

    Little Caesars Managers Get Collective Status In OT Suit

    Managers who worked for Little Caesars franchisees can pursue their lawsuit alleging they should have been eligible to earn overtime as a collective, a New York federal judge ruled Thursday, finding the workers showed they were all subject to the same policies.

  • May 15, 2025

    Workers Say Energy Co. Lacks Proof Of Their OT Exemption

    A collective of workers accusing an energy company of not paying them salaries and owing them overtime as a result told a Texas federal court their employer didn't support its arguments that the workers were exempt from overtime under federal wage law.

  • May 15, 2025

    Flooring Company Miscalculates Overtime, Ex-Manager Says

    A flooring and tile company failed to consider bonuses and incentive compensation it pays employees when calculating their overtime pay rates, a former manager alleged in a proposed class and collective action filed in New Jersey federal court.

  • May 15, 2025

    House Bill Aims To Nix FMLA Leave Cap For Married Couples

    A bipartisan group of U.S. House members floated a bill that aims to strike a provision from the Family and Medical Leave Act that limits leave for married couples who work for the same employer.

  • May 14, 2025

    7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS

    A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.

  • May 14, 2025

    4 Tips For Navigating NY Pay Frequency Law Update

    New York’s frequency of pay law update means employers face a fraction of the potential damages they previously might have suffered for first violations, but it doesn’t let them off the hook in ongoing litigation or for second violations, attorneys said. Here, attorneys offer tips for handling the update.

  • May 14, 2025

    Farm Groups Fight Further Delay In H-2A Wage Rule Suit

    Farm groups on Wednesday countered the Trump administration's bid to further halt litigation challenging a Biden-era H-2A wage rule, telling a Florida federal judge there's no need to delay further for the U.S. Department of Labor to get familiarized with the case.

  • May 14, 2025

    Landlords Detail Policies To Cut After Trump Admin Ask

    Two trade groups for apartment owners requested that federal officials eliminate COVID-19-era eviction restrictions and a framework for accepting emotional support animals, as well as undo appliance efficiency standards, union wage rates and other policies the groups say are holding back multifamily development.

  • May 14, 2025

    Poultry Workers Seek $138M Atty Fees In Wage-Fixing Case

    Workers who reached settlements totaling nearly $400 million over claims that major poultry companies conspired to keep wages low at their plants have urged a Maryland federal court to approve around $138 million in attorney fees and costs, arguing the deal represents the "largest recovery" of its kind for low-wage workers.

  • May 14, 2025

    D'Oh! Kimberly-Clark Can't Keep Wage Suit In Federal Court

    A Pennsylvania federal judge invoked "The Simpsons" as he granted a Kimberly-Clark employee's request to ship his unpaid overtime proposed class action back to state court, saying the paper goods company is trying to "embiggen" the amount in controversy beyond what's feasible. 

  • May 14, 2025

    Ex-Paralegal's Bias Claims Still Thin, Pennsylvania Firm Says

    A former Zator Law LLC's paralegal's amended complaint claiming that the firm fired her on the basis of her panic disorder condition lacks specific details about her disability that would support her discrimination and retaliation claims, according to a motion to dismiss recently filed by Zator Law.

  • May 14, 2025

    4th Circ. Blocks Staffing Workers' Class Cert. Appeal

    The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.

  • May 14, 2025

    Fisher Phillips Opens Alabama Office With 6 Attorneys

    Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.

  • May 14, 2025

    Jewish Worker Says Charter Targeted Her For Flagging Pay

    Charter Communications questioned a Jewish worker's faith after she took time off to treat a kidney infection and threatened to fire her after she fixed workers' time cards to ensure they were paid for all their hours, she alleged in a complaint filed in New York federal court.

  • May 13, 2025

    Ex-Twitter Staff Move To Force Musk's X Corp. Into Arbitration

    Laid-off Twitter Inc. employees in Washington state asked a federal judge to make their ex-employer arbitrate claims that it stiffed them on severance and bonuses, saying the company now known as X Corp. has "refused to proceed with arbitration, despite having successfully blocked employees from pursuing their claims in court."

  • May 13, 2025

    NY Late Pay Suit Against Southwest Will Stay Grounded

    A New York federal judge on Tuesday declined to reconsider its decision to keep standing a suit in which baggage and cargo handlers claimed Southwest Airlines paid them late, saying the airline is trying to introduce new, meritless arguments.

  • May 13, 2025

    11th Circ. Backs Paper Co. Win In Worker's Equal Pay Suit

    An environmental engineer who accused her former employer of paying her less than men cannot get a new trial, the Eleventh Circuit ruled Tuesday, saying the lower court's decision to exclude certain evidence was harmless.

  • May 13, 2025

    Petroleum Cos. Score Initial OK For $7M Wage Deal

    An oil refiner and related companies will shell out $7.2 million to put to rest a 2,200-member class action accusing them of not providing unionized workers with rest breaks and not paying minimum wage, after a California federal judge signed off on the deal.

Expert Analysis

  • 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.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.