Wage & Hour

  • September 16, 2025

    Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion

    Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.

  • September 16, 2025

    United Pays Only For Flying Time, Ex-Flight Attendant Says

    United Airlines paid flight attendants only for the time they spent flying, leading to millions of dollars of unpaid wages and overtime, a former flight attendant for the airline said in a proposed class action in New Jersey federal court.

  • September 16, 2025

    Detainees Urge Justices To Ax Early Appeal In GEO Wage Row

    Immigrant detainees urged the U.S. Supreme Court to reject GEO Group's bid for a ruling allowing government contractors to promptly challenge adverse rulings on derivative sovereign immunity, saying it would "dramatically expand" the number of nonfinal judgments that can be immediately appealed.

  • September 16, 2025

    Colo. Justices Say Min. Wage Claims Have Shorter Deadline

    The Colorado Supreme Court ruled that the shorter statute of limitations under the state's Wage Claim Act applies to the Colorado Minimum Wage Act, finding the acts should be construed together because they share the common purpose of recovering unpaid wages.

  • September 16, 2025

    Airline Staffing Co. Must Face Most Of Breastfeeding Bias Suit

    A company providing staff and support to airlines at Pittsburgh International Airport must face most of a former agent's claims it retaliated against her for seeking time to pump breast milk at work, a Pennsylvania federal judge ruled Monday.

  • September 16, 2025

    ​​​​​​​8th Circ. Questions Minn. Contractor Law's Vagueness

    The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.

  • September 16, 2025

    Media Co. Told Employees To Falsify Breaks, Worker Says

    A California media company pressured employees to falsely record breaks and fired those who complained about wage and hour violations or sought a raise, a former production coordinator claimed in a suit filed in state court.

  • September 15, 2025

    Calif. Court Issues AI Hallucinations 'Warning,' Sanctions Atty

    A California appeals court has issued a published opinion "as a warning" to Golden State attorneys to personally review case law quotations made by generative artificial intelligence, and imposed a $10,000 monetary sanction on plaintiff's counsel in an otherwise straightforward appeal in an employment case.

  • September 15, 2025

    3rd Circ. Unsure When Uber Wage Case Hits Dead End

    A Third Circuit panel on Monday questioned at what point a judge is permitted to declare that a case can't be resolved, as it considered a bid by Uber drivers to revive employment misclassification claims that already resulted in two deadlocked juries.   

  • September 15, 2025

    House Panel To Consider Retirement, Tribal Workforce Bills

    A House panel announced plans Monday to advance several workforce and retirement-related bills later this week, including legislation that would require new reporting from the U.S. Department of Labor's employee benefits arm on information-sharing agreements and a bill to exempt tribal governments from federal wage laws.

  • September 15, 2025

    Steakhouse Servers Say Conn. Judge Did Defense's Job

    Counsel for a class of servers at a steakhouse at the Foxwoods Resort Casino in Connecticut made good on his promise to seek recusal or disqualification of the judge slated to oversee an upcoming trial, arguing in a motion Friday that Superior Court Judge Elizabeth J. Stewart had improperly made part of the defense's case for it.

  • September 15, 2025

    Tesla Favors Foreign Workers Over US Citizens, Court Told

    Tesla discriminates against American workers by giving a leg up to H-1B visa holders whom the company underpays, according to a suit brought in California federal court by two U.S. citizens who said they unsuccessfully sought jobs at the electric vehicle maker.

  • September 15, 2025

    Disney Workers Get Final OK On $43M Gender Bias Deal

    A California judge granted final approval Monday of Disney's $43.25 million class action settlement with over 15,000 female midlevel managers over allegations the entertainment giant paid them less than their male colleagues.

  • September 15, 2025

    Cozen O'Connor Picks Up 2 Jackson Lewis Attys In Philly

    Cozen O'Connor is expanding its employment law resources in Philadelphia with the additions of two attorneys who have moved their practices from Jackson Lewis PC.

  • September 15, 2025

    Clothing Brand's No-Overtime Policy Flouts FLSA, Court Told

    A clothing brand failed to pay its employees for the off-the-clock work that they performed and imposed a policy of no overtime that led to unpaid wages, a former retention specialist claimed in a proposed class and collective action in California federal court.

  • September 15, 2025

    W&H High Court Petitions To Watch This Term

    This U.S. Supreme Court season may include cases that address the contours of a Federal Arbitration Act exemption, whether requiring federal contractors to pay immigrant detainees minimum wage discriminates against the federal government and the procedural intricacies of collective actions under the Fair Labor Standards Act. Here, Law360 explores the issues at stake in these three cases that the high court will consider.

  • September 15, 2025

    United Pay Structure Led To Late Pay, Flight Attendant Says

    United Airlines' pay structure flouted New Jersey wage law because it failed to pay flight attendants on time, a former employee of the airline told a federal court in a proposed class action.

  • September 12, 2025

    DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks

    The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.

  • September 12, 2025

    Builders Urge 11th Circ. To Block Biden's EO Labor Mandate

    An association of builders on Friday urged the Eleventh Circuit to block a Biden administration executive order requiring labor agreements for all federal contracts exceeding $35 million, arguing the order will cause irreparable harm by increasing costs and reducing competition in the construction industry. 

  • September 12, 2025

    3rd Circ. Backs Philly School In Worker's COVID Leave Suit

    A former Philadelphia school employee resigned rather than being fired, the Third Circuit said Friday, affirming a federal court decision tossing his suit claiming he was discriminated against for refusing to get the coronavirus vaccine because of his religious beliefs.

  • September 12, 2025

    New Orleans Fired Director For Reporting Fraud, Suit Says

    The city of New Orleans fired a workforce director out of retaliation for repeatedly raising concerns that employees were committing payroll fraud and misappropriating cash from a COVID-19 federal aid package, according to her suit filed in Louisiana federal court.

  • September 12, 2025

    8th Circ. To Weigh Minn. Classification Challenge

    Minnesota trade groups are expected to argue at the Eighth Circuit that a state construction industry misclassification law is too vague, while the state is expected to argue that the trade groups lack standing to challenge the law.

  • September 12, 2025

    Va. City Attorney Tells 4th Circ. He's Immune From FMLA Suit

    A Virginia federal judge erred by allowing a Family and Medical Leave Act suit against a municipal attorney to head to trial, the attorney said Friday, asking the Fourth Circuit to hold that he is immune from suit.

  • September 12, 2025

    Conn. Supreme Court Snapshot: Amazon Wages Top Sept.

    A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.

  • September 12, 2025

    Cos. Ask Conn. Court To Pause Trial For Steakhouse Workers

    An upcoming trial over unpaid wages against a steakhouse at the Foxwoods Resort Casino in Connecticut should be put on hold after the attorney representing a class of tipped servers accused a judge of bias, a group of companies told a state court.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.