Wage & Hour

  • May 28, 2025

    Ex-Texas Solicitor General Accused Of Harassment In Suit

    A new lawsuit from a onetime executive assistant at Stone Hilton PLLC alleges various forms of misconduct at the firm and claims that one of its founders resigned from Texas Attorney General Ken Paxton's office amid sexual harassment allegations.

  • May 28, 2025

    NJ Firm Loses Bid To Toss Worker's Wage Suit

    A New Jersey personal injury law firm will not be able to escape a former employee's lawsuit alleging she was paid less than men and harassed while pregnant, a state court judge ruled, saying that she fulfilled discovery demands.

  • May 28, 2025

    Orlando Fire Dept. Must Face District Chiefs' Unpaid OT Suit

    High-ranking district chiefs cannot claim they are shielded from overtime pay exemptions because they are first responders, a Florida federal judge ruled, but the Orlando Fire Department has not shown that it was in the clear to deny them the premium wages.

  • May 28, 2025

    University Of Utah Claims Immunity From Boot-Up Pay Suit

    The University of Utah is an arm of the state and is therefore shielded against a proposed class and collective action accusing it of failing to pay customer service workers for the time they spent booting up their computers, the school told a federal court.

  • May 28, 2025

    Fla. Construction Co. To Pay $594K To End DOL Probe

    A Florida construction company will pay more than $594,000 to put an end to the U.S. Department of Labor's investigation into allegations that it failed to pay workers overtime wages, the department said.

  • May 27, 2025

    2nd Circ. Revives Girl Scouts Race Bias Claim, Rejects Others

    The Second Circuit on Tuesday declined to revive claims from former officers for a New York Girl Scouts chapter who said they suffered retaliation after complaining that the group misused pandemic relief loans, but held that one plaintiff can pursue racial bias allegations.

  • May 27, 2025

    Miner's OT Suit Stays Alive On Joint-Employment Grounds

    A coal miner claiming unpaid wages failed to show how a mining company directly employed him, but supported his allegations that the entity could have jointly employed him with a subsidiary, a West Virginia federal judge ruled Tuesday.

  • May 27, 2025

    School Bus Contractor Says OT Violations Weren't Willful

    A bus attendant cannot show that a school bus services provider willfully ran afoul of the Fair Labor Standards Act by improperly calculating workers' overtime pay, the company told an Ohio federal court Tuesday, saying her allegations aren't based on any facts.

  • May 27, 2025

    Upcoming State And Local Wage Laws To Watch

    Washington employers will get some reprieve from steep penalties for pay transparency violations, and workers in Los Angeles County will have the benefit of predictive scheduling. Here, Law360 explores a sampling of new developments employers should keep in mind in the coming weeks.

  • May 27, 2025

    Hyundai Should Face DOL Child Labor Suit, Judge Says

    A federal magistrate judge in Alabama said it's not totally clear that Hyundai, a manufacturing company and a staffing firm stopped employing minors after the U.S. Department of Labor sued them for hiring a 13-year-old, recommending that the companies face the agency's claims.

  • May 27, 2025

    Minn. DOL Says Classification Law Doesn't Hurt Builders

    A coalition of construction groups didn't show how a Minnesota state law imposing hefty fines on companies that misclassify workers as independent contractors hurts them, the state's Department of Labor said, urging the Eighth Circuit to uphold a federal court's decision keeping the law standing.

  • May 27, 2025

    Vice Media VP Rejoins Ogletree In NYC

    A seasoned BigLaw attorney who left Ogletree Deakins Nash Smoak & Stewart PC five years ago to move into an in-house legal position at Vice Media has rejoined the labor and employment law firm Tuesday as a shareholder.

  • May 27, 2025

    Ex-Domino's Drivers Seek Class Cert. In Vehicle Costs Suit

    A trio of former Domino's delivery drivers asked an Ohio federal judge to certify their proposed classes of current and former drivers in and outside the Buckeye State as they pursue claims that Domino's franchisee Team Pizza Inc. took them below minimum wage by shuffling vehicle costs onto workers.

  • May 27, 2025

    Nurses Say Insurance Co. Doesn't Clear OT Exemptions

    A health insurance company failed to show that utilization reviewer nurses fell under certain Fair Labor Standards Act overtime exemptions, the nurses said, arguing to a Maryland federal court that their jobs required "routine mental work."

  • May 27, 2025

    NC Inn Skimps On Wages, Ex-Workers Say

    An inn in the Blue Ridge Mountains failed to pay innkeepers minimum and overtime wages despite requiring them to work more than 12 hours a day, according to a suit filed in North Carolina federal court.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    DC DHS Guards Forced To Work Through Breaks, Court Told

    A contractor that provides guards for a U.S. Department of Homeland Security facility in Washington, D.C., forces them to take meal break pay deductions despite such breaks rarely occurring, employees said in a proposed class and collective action.

  • May 23, 2025

    Insurer Accused Of Firing Worker Out Of Pregnancy Bias

    An insurance company reneged on its promise to provide its benefits adviser with paid maternity leave and then fired her not long after she raised several concerns about unpaid commissions, according to a lawsuit removed to North Carolina federal court.

  • May 23, 2025

    NY Forecast: 2nd Circ. Hears Speech Therapist Race Bias Suit

    This week, the Second Circuit will consider a New York speech therapist's attempt to revive her lawsuit claiming she was discriminated against on the basis of her race when her school district fired her in 2022. Here, Law360 looks at this and other cases on the docket in New York.

  • May 23, 2025

    Mo. Says Starbucks Lacks Grounds To Escape DEI Bias Suit

    The state of Missouri urged a federal judge to reject Starbucks' bid to dismiss its suit claiming its diversity policies discriminate based on race and gender, arguing it has put forward enough evidence showing how the company's practices have harmed its citizens to keep the case in court.

  • May 23, 2025

    Elevance Worker Wants Wage Suit Sent Back To Conn. Court

    Elevance cannot add up all potential class members' claims to put the total cost of future damages over the required amount to keep a case in federal court, a worker said in asking that her wage and hour case be sent back to Connecticut state court.

  • May 23, 2025

    DOL Picks New Acting Leaders For Wage Compliance Unit

    The U.S. Department of Labor announced Friday a new acting administrator as well as four policy advisers to serve in the agency's division tasked with ensuring employers pay their employees in line with federal minimum wage and overtime laws.

  • May 23, 2025

    Cooley Hires 'Next-Gen' Boston Labor & Employment Partner

    A Choate Hall & Stewart LLP partner has joined Cooley LLP's labor and employment practice and global litigation department in Boston.

  • May 23, 2025

    Amended Ill. Temp Workers Law Survives Staffing Cos.' Row

    An Illinois law mandating benefits for long-term temporary workers will stay in place as amended because the staffing agencies challenging it are not likely to succeed on their claims that the Employee Retirement Income Security Act preempted it, a federal judge ruled.

  • May 23, 2025

    Ruby Tuesday Fired Bartender On Medical Leave, Court Told

    Ruby Tuesday fired a bartender while she was out on medical leave recovering from a broken hip that she sustained in a car accident and refused to let her return to her former role, she said in a suit filed in North Carolina federal court.

Expert Analysis

  • 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.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.