Wage & Hour

  • October 20, 2025

    Texas Firm Tries To Undo FLSA Ruling Just Before Trial

    A Texas personal injury law firm argued that a federal judge was mistaken when he ruled that a paralegal was an independent contractor for only the first part of her tenure, urging the court to reconsider the decision days before a trial in the wage case.

  • October 20, 2025

    Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win

    The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.

  • October 20, 2025

    NC Bakery Settles Overtime Dispute With Ex-Cook

    A former cook for a North Carolina-based bakery told a federal court that she reached a deal in her suit claiming she was paid a flat hourly rate that did not mirror how many hours she worked.

  • October 20, 2025

    Justices To Review Federal Arbitration Exemption Again

    The U.S. Supreme Court agreed Monday to take up a worker misclassification suit that could further refine an exemption to the Federal Arbitration Act.

  • October 17, 2025

    Nursing Exec Denied New Trial On Wage-Fixing Claims

    A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.

  • October 17, 2025

    3rd Circ. Streamlines Hybrid Wage Class Action Settlements

    A Third Circuit ruling that the Fair Labor Standards Act's collective action opt-in mechanism is silent about the release of unasserted claims by opt-out class action members will make it easier to settle cases containing claims under both federal and state wage and hour laws, attorneys said.

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

  • October 17, 2025

    2 Deals Totaling $2.5M Advance In Meat Industry Wage Case

    Two settlements can move forward in a suit brought by workers at red meat processing plants who alleged that Agri Beef Co., Indiana Packers Corp. and Washington Beef LLC engaged in a conspiracy to suppress wages, a Colorado federal judge ruled, finding the deals totaling $2.5 million are fair.

  • October 17, 2025

    Home Depot Says Ex-Manager Was Overtime-Exempt

    Home Depot asked a California federal judge for an early win in a former assistant store manager's proposed class action, arguing that she is not entitled to overtime pay because she was properly classified as exempt under state law.

  • October 17, 2025

    Early PWFA Ruling Highlights Need For Lactation Education

    A recent court ruling allowing the U.S. Equal Employment Opportunity Commission to move ahead with a Pregnant Workers Fairness Act case over denied pumping breaks underscores the need for employers to train managers on breastfeeding accommodations, experts said.

  • October 17, 2025

    11th Circ. Says Adjusters May Be Insurance Cos.' Employees

    A jury could reasonably find that a pair of insurance companies employed three insurance adjusters, the Eleventh Circuit ruled, flipping an Alabama district court's findings that the workers were independent contractors.

  • October 17, 2025

    Commuter Rail Union's Wage Dispute Sent Back To Arbitration

    A Massachusetts federal judge has sent back to arbitration a wage-related dispute between a maintenance workers unit of the Teamsters and the company that operates greater Boston's commuter rail system, saying he recently found he has the authority to do so.

  • October 17, 2025

    Calif. Forecast: 9th Circ. To Hear Court Exec. Race Bias Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former California state court executive officer's race discrimination case. Here's a look at that case and other labor and employment matters coming up in that state.

  • October 17, 2025

    Fired K-9 Officer Drops Bias Suit Against Mich. Hospital

    A former K-9 security officer for a Michigan hospital agreed to drop her claims that she was fired after disclosing that she was in a same-sex relationship and asking for back pay earned while caring for the dog, according to a Friday order.

  • October 17, 2025

    Mercedes-Benz, Staffing Firm Settle OT Dispute

    A billable worker told a Georgia federal court that she reached a tentative settlement with Mercedes-Benz and a staffing agency she accused of flouting the Fair Labor Standards Act by failing to pay her overtime.

  • October 16, 2025

    La Colombe Workers' $450K Wage Deal Gets Final OK

    La Colombe's hourly paid production workers have received final approval of a $450,000 settlement with the coffee chain, which was accused of failing to pay them for time spent donning and doffing protective equipment before and after their shifts, according to an order by a Pennsylvania federal judge.

  • October 16, 2025

    Wage Reporting Laws Are Useful Deterrents To Pay Inequality

    Equal pay data reporting laws are part of the broader embrace of pay transparency, and though their utility lies in forcing employers to audit their pay practices, the data is imperfect, attorneys said.

  • October 16, 2025

    X, Musk Settle Former Executives' Severance Suit

    Three former Twitter executives have settled their lawsuit claiming they were deprived of millions of dollars in severance benefits following Elon Musk's takeover of the social media company, according to a filing Thursday in California federal court.

  • October 16, 2025

    LA Beats Ex-Police Lt.'s Military Leave Bias Suit Before Trial

    The city of Los Angeles on Thursday beat a proposed class action alleging its police department didn't grant equal sick and vacation time to service members and passed them over for promotions because of their service obligations, weeks before jury trial was set to commence in California federal court. 

  • October 16, 2025

    NY Health System Hit With Time Rounding, Meal Break Suit

    A health system in New York has been automatically deducting meal breaks and rounding hours on workers' time sheets, cheating them out of wages, according to a proposed class and collective action filed in federal court.

  • October 16, 2025

    Texas Law Firm Partially Misclassified Paralegal, Judge Rules

    A former paralegal for a Texas law firm was an independent contractor for the first four years at the firm, but an employee for the remaining two, a federal judge ruled while denying her bid to snag a win on her overtime and minimum wage claims.

  • October 16, 2025

    3rd Circ. Says FLSA Doesn't Limit Class Member Settlements

    The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.

  • October 16, 2025

    3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers

    The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.

  • October 15, 2025

    Alaska Airlines Seeks To Ground Pilot Sick Leave Accrual Suit

    A former Alaska Airlines pilot's suit claiming that he should have accrued vacation and sick time while on long-term military assignments cannot stand because the company doesn't provide such a benefit to other types of leave, the airline told a Washington federal court.

  • October 15, 2025

    Calif. Stay-Or-Pay Ban Creates Wage Suit Pathway

    California’s new ban on stay-or-pay provisions in employment contracts brings the issue of debt repayment under wage and hour law, a change attorneys expect will largely end the use of such arrangements or lead to civil suits under a new monetary penalty.

Expert Analysis

  • What Employers Should Know Ahead Of H-2B Visa Changes

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    Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.

  • Int'l Athletes' Wages Should Be On-Campus Employment

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    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

  • 4 Trends Responsible For Declining FLSA Filings

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    In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • A Closer Look At Amendments To Virginia Noncompete Ban

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    Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.

  • Maximizing Employer Defenses After Calif. Meal Waiver Ruling

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    A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • What The Minimum Wage Shift Means For Gov't Contractors

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    While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.