Wage & Hour

  • September 02, 2025

    Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup

    Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.

  • September 02, 2025

    Uber Says It's Time For Arbitration In Drivers' Deductions Suit

    The discovery the Second Circuit required in a case accusing Uber of making improper deductions from drivers' wages shows that the drivers primarily engaged in intrastate commerce, the ride-hailing company said, urging a New York federal court to send the case to arbitration.

  • September 02, 2025

    Court Denies UFC's Attempt To Block Fighters' Class Cert.

    A Nevada federal judge has rejected Ultimate Fighting Championship's motion seeking to deny class certification for fighters suing it over alleged suppressed wages, saying the request is premature.

  • September 02, 2025

    NC Court Upholds Ruling Against Pay For Pre-Job Training

    A class of mental health workers seeking overtime compensation can't recover pay for training completed prior to the first day of work, as a North Carolina federal judge upheld a previous order finding that the time is not compensable under the federal Fair Labor Standards Act.

  • September 02, 2025

    Ga. Atty Aims To Pause Arbitration In Wage Fight With Ex-Firm

    An Atlanta attorney suing her former law firm, John Foy & Associates, is seeking to put arbitration on hold while her claims for harassment and retaliation play out in Georgia federal court, saying that allowing the two matters to proceed simultaneously risks "duplicative proceedings, inconsistent findings and unnecessary expense."

  • September 02, 2025

    2nd Circ. Backs X In Arb. Fees In Severance Case

    Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.

  • September 02, 2025

    Worker Fights Charter Communications' Bid To Ax Her OT Suit

    A Charter Communications sales supervisor sufficiently supported her claims that the cable giant cheated her and others out of overtime, she told a New York federal court, also arguing that the company is mischaracterizing other court rulings to push for her suit's dismissal.

  • August 29, 2025

    Logistics Cos. Can't Escape Worker Visa Misuse Class Action

    Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.

  • August 29, 2025

    Calif. Leaders, Gig Cos. Announce Driver Union Deal

    California Gov. Gavin Newsom and California lawmakers announced Friday that they reached a deal with Uber and Lyft to back a measure allowing the state's hundreds of thousands of gig drivers to unionize while treating them as independent contractors.

  • August 29, 2025

    5th Circ. Upholds Dallas Win In Pay, Race Bias Case

    A former management assistant for the city of Dallas failed to demonstrate that she was paid less than a colleague because of her race and her retaliation and discrimination claims also could not stand, the Fifth Circuit ruled Friday.

  • August 29, 2025

    NY Forecast: 2nd Circ. Hears Northwell COVID Vaccine Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former healthcare workers who claimed they were discriminated against on the basis of their religion when they were fired for refusing to take the COVID-19 vaccine.

  • August 29, 2025

    Ariz. City Says Firefighters' Ambulance Work Was OT-Exempt

    The city of Mesa, Arizona, told a federal court that a group of firefighters were still subject to a Fair Labor Standards Act overtime exemption for fire protection duties when they worked ambulance shifts, urging the court to toss their proposed collective action alleging unpaid overtime.

  • August 29, 2025

    Wage & Hour Features Revisited: Leave Laws, ABC Test Watch

    From a look at a pending ABC independent contractor test in New Jersey to discussions of changes to paid leave in Missouri and New York, catch up on Law360 Employment Authority's wage and hour coverage from August.

  • August 29, 2025

    Elevance Says Worker Seeking 'Bizarre' Payout In Late Suit

    A former Elevance utilization representative's proposed class suit claiming the company owes her damages for paying her last paycheck late would lead to a "bizarre" conclusion, the entity told a Connecticut state court, arguing that she is potentially owed only $1.18.

  • August 29, 2025

    Calif. Forecast: NLRB Fights Co. With Union-Busting Claims

    In the coming week, attorneys should watch for arguments in a National Labor Relations Board case against an environmental and engineering consultant. Here's a look at that case and other labor and employment matters on deck in California.

  • August 29, 2025

    How Mo. Employers Should Handle Paid Leave Law Repeal

    Missouri employers that are updating paid sick leave policies after the governor repealed a leave requirement voters had passed should notify workers about changes and watch for a future ballot measure on the issue, a St. Louis attorney told Law360. Melissa Pesce of Ogletree Deakins spoke with Law360 about the rollback.

  • August 29, 2025

    Wage And Hour Laws To Look Out For This Fall

    Workers in Maine will get extra wages if their employer cancels or cuts back their shift last minute, and employers in Cleveland will have to abide by new salary history and pay transparency requirements. Here, Law360 looks at these and other wage and hour and equal pay laws coming in the fall.

  • August 29, 2025

    Orkin Pest Control Overtime Case Put On Hold

    A Georgia federal judge agreed to pause a suit accusing pest control giant Orkin of automatically deducting time for unpaid breaks from thousands of employees who did not take the breaks and requiring unpaid training sessions.

  • August 28, 2025

    Trucking Cos. Fight Drivers' Collective Cert. Bid In Wage Suit

    Drivers accusing a trucking company, its owner and a related entity of misclassifying them as independent contractors should not pursue their wage claims as a collective because their claims would trigger individualized inquiries, the companies told an Oklahoma federal court Thursday.

  • August 28, 2025

    School Union Inks $110K Deal To End EEOC Race Bias Suit

    A school district labor union has agreed to pay $110,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against a Black custodian by challenging his promotion, according to a filing Thursday in Illinois federal court.

  • August 28, 2025

    Ga. Atty Sues Former Firm For Failing To Pay Final Wages

    A Georgia attorney has filed suit against her former employer, John Foy and Associates PC, over "threatening emails" she said she received after she was fired and a final paycheck that she reportedly never got.

  • August 28, 2025

    SkyWest Flight Attendants Want To End 10-Year Wage Case

    SkyWest Airlines' flight attendants urged an Illinois federal court to dismiss the remainder of their suit accusing the airline of not paying them overtime and other wage violations, saying it would be the best way to end their almost 10-year-long case.

  • August 28, 2025

    Labor Atty Rejoins McGuireWoods After Food Company Stint

    McGuireWoods LLP announced Wednesday that it has welcomed an alumnus back to its labor and employment team following his stint as an associate general counsel for packaged meat company Smithfield Foods Inc.

  • August 28, 2025

    Delta's $12M Wage Deal Gets Initial Greenlight

    A $12 million settlement between Delta Air Lines and a class of about 5,000 workers who claimed wage and hour violations can go forward, a California federal judge ruled, finding the deal to be fair and reasonable.

  • August 27, 2025

    Target Warehouse Workers Sue Over Unpaid Walking Time

    Target didn't pay its warehouse employees for time spent walking to and from their assigned areas where they must clock in and out for shifts, amounting to between $1,000 and $2,000 per year in unpaid wages for each worker, according to a proposed class action in New York federal court.

Expert Analysis

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.