Wage & Hour

  • July 08, 2025

    Calif. Justices Say Elected Officials Lack Whistleblower Shield

    California elected officials are not covered by the state's whistleblower protections because they don't fall under the definition of employees, the California Supreme Court ruled, affirming a state appeals court decision to nix a retaliation suit from the City of Inglewood's former elected treasurer.

  • July 08, 2025

    Engineering Co. Underpays Overtime, Worker Says

    An engineering company deducted time from workers' hours for meal breaks they didn't get to take and improperly calculated their overtime pay rates, a proposed collective action filed in Virginia federal court said.

  • July 08, 2025

    W&H Attorneys' Wishlist For The Rest Of 2025

    Updating the Fair Labor Standards Act to reflect the nuances of remote work, reforming arbitration and tackling the issue of salary expectations to further reduce the pay gap are all issues employment lawyers wish policymakers would tackle in the latter half of the year. Here, Law360 explores what kind of changes attorneys would like to see in an ideal world.

  • July 07, 2025

    Ariz. City Accused Of Stiffing Ambulance Workers On OT

    The city of Mesa, Arizona, misclassified fire department employees as overtime-exempt when they worked ambulance shifts, the workers said in a proposed collective action filed in federal court, saying their ambulance duties did not include fire protection work that would trigger an exemption under the Fair Labor Standards Act.

  • July 07, 2025

    Law Firm, Worker Seek Pre-Trial Wins In Pregnancy Bias Suit

    A personal injury law firm told a New Mexico federal court Monday that a legal assistant was pushed out not because she was pregnant but because she was a poor performer, while the former employee argued the firm reneged on its promise to pay her in exchange for quitting.

  • July 07, 2025

    Ex-Leerink Banker Can't Get Redo On Unpaid Bonuses Claim

    A Massachusetts federal judge declined on Monday to rethink partially tossing a former Leerink Partners employee's suit alleging she was cheated out of millions of dollars in bonuses, rejecting the worker's argument that new evidence should change the court's mind.

  • July 07, 2025

    PHH Mortgage Loan Officers Urge NJ Court To Halt Calif. Deal

    A California state court's decision to preliminarily approve a settlement in a case against PHH Mortgage would prevent California mortgage loan officers from pursuing their claims in their New Jersey federal court proceedings, two California workers told the New Jersey court.

  • July 07, 2025

    Settlement Unlikely In Airline Group's Colo. Sick Leave Suit

    An airline lobby and the state of Colorado told a federal court last week that a settlement "appears unlikely" in the airline group's case claiming the state's sick leave law is preempted by federal law.

  • July 07, 2025

    Md. Justices Say FLSA De Minimis Rule Covers State Laws

    The de minimis doctrine established in a U.S. Supreme Court decision for Fair Labor Standards Act claims applies to suits brought under Maryland wage and hour laws, the state's high court ruled in a former Amazon employee's case over unpaid post-shift security screenings.

  • July 07, 2025

    Restaurant Cut Pay Over Harassment Complaint, Worker Says

    A Golden Corral franchisee misclassified an assistant kitchen manager as a salaried employee, lowered his pay and ultimately fired him for complaining that the owner's son was making inappropriate sexual comments, according to a suit filed Monday in Pennsylvania federal court.

  • July 07, 2025

    Drivers Say Pizza Co. Must Answer For Missing Payroll Docs

    A company that operates Michigan pizza restaurants failed to hang on to nearly half of the payroll records of a collective of delivery drivers accusing it of not fully reimbursing them for vehicle-related expenses, the drivers told a federal court, saying sanctions may be necessary.

  • July 03, 2025

    BofA Beats Class Cert. Bid Over Vacation Pay, For Now

    A California federal judge Thursday refused to certify three putative classes of former Bank of America employees who accused the bank of not paying them their accrued, unused vacation time, saying a proposed class representative seemingly wasn't eligible for vacation time accrual.

  • July 03, 2025

    Pa. School District Fights $2.7M Fee Bid After $165K Verdict

    The Central Bucks School District in Pennsylvania says counsel representing two female teachers awarded $165,000 in an equal pay lawsuit should not be given $2.7 million in fees, arguing that request is not proportionate to the result.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    DOL Looks To Rescind Rule Ending Subminimum Wage

    The U.S. Department of Labor is backtracking on a proposed rule that would have ended a program allowing employers to pay workers with disabilities below the federal minimum wage, saying ending the program could result in a lack of employment opportunities for disabled individuals.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Call Center Co. Wants Out Of Misclassification Suit

    A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."

  • July 03, 2025

    Opinion Letters Offer DOL 'Soft Power,' Attys Say

    U.S. Department of Labor opinion letters give businesses backup assistance to comply with wage and hour law, but it is a tool that has been politicized and viewed as potentially skewed in favor of employers, attorneys say.

  • July 03, 2025

    PWFA Litigation Comes Into Focus In 1st Half Of 2025

    The second anniversary of the Pregnant Workers Fairness Act's effective date recently passed, and though courts haven't shed much light yet on how they'll interpret the statute, new suits and settlements from the U.S. Equal Employment Opportunity Commission offer insights for both employers and workers. Here, Law360 offers a midyear overview of the EEOC's efforts to enforce the PWFA.

  • July 02, 2025

    Moving Help Co. Accused Of Misclassifying Drivers

    An on-demand moving and delivery service classifies workers as independent contractors — despite exercising substantial control over their work — and refuses to reimburse drivers for the costs they incur from buying gas and paying tolls, according to a proposed class action filed in California state court.

  • July 02, 2025

    DC Tipped Minimum Wage Hike Put On Ice

    Tipped workers will not see a $2 boost in their hourly wages this week after the D.C. City Council voted to pause a scheduled minimum wage increase that could spell trouble for a ballot initiative designed to match up minimum wages for both tipped and nontipped workers.

  • July 02, 2025

    TikTok Can Arbitrate Most Sales Reps' Claims Of Unpaid OT

    A lawsuit by a group of sales representatives accusing TikTok of incorrectly classifying them as exempt from earning overtime can largely be sent to arbitration, a California federal judge ruled, saying all but one worker signed an agreement that mandates employment disputes stay out of court.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

Expert Analysis

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • New Law May Reshape Fla. Employer Noncompete Strategy

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    With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • FLSA Interpretation Patterns Emerge 1 Year After Loper Bright

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    One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • 5 Insurance Claims That Could Emerge After NCAA Settlement

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    Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Dissecting House And Senate's Differing No-Tax-On-Tips Bills

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    Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.