Wage & Hour

  • September 04, 2025

    McDermott Atty Joins Seward & Kissel As Employment Leader

    Seward & Kissel LLP has hired a former McDermott Will & Schulte LLP attorney as co-head of its employment practice, touting her expertise advising clients on both litigation and the employment aspects of corporate transactions in its announcement on Wednesday.

  • September 04, 2025

    Tenn. Behavioral Healthcare Co. Owes OT, Worker Claims

    A Tennessee behavioral healthcare provider failed to pay its employees for work they performed off the clock and automatically deducted unpaid time for meal breaks they didn't take, a technician said in a proposed collective action in federal court.

  • September 04, 2025

    Fisher Phillips Hires Liff Walsh Employment Group Leader

    The former leader of Liff Walsh & Simmons' employment and labor practice, who worked as a counselor to the solicitor of the U.S. Department of Labor and in several other public service roles, has joined Fisher Phillips as a partner in Washington, D.C.

  • September 03, 2025

    DOL Proposal On FLSA Home Care Rule Gets 5,000 Comments

    The U.S. Department of Labor received over 5,000 comments on its plan to rescind an Obama-era rule that expanded wage protections for home care workers, with advocacy organizations arguing that the DOL didn't provide enough backup for the rescission while others saying the move is in line with the fall of Chevron deference.

  • September 03, 2025

    Denver Sheriff Sergeant Urges Trial In Sex Bias Promotion Suit

    A man who claims the Denver Sheriff Department violated Title VII of the Civil Rights Act by promoting three women to captain over him as part of a self-imposed quota for female officers has asked a Colorado federal judge to deny the sheriff's department summary judgment.

  • September 03, 2025

    Ex-Air Force Worker Says Disability Bias Case Can't End Early

    A former U.S. Air Force assistant general manager told an Arizona federal court that he supported his claims that he was denied paid safety leave during the coronavirus pandemic because of his disability, urging the court to keep his case standing.

  • September 03, 2025

    Delivery Co., Courier Agree To End Appeal Bid In OT Suit

    A delivery company and a courier who alleged overtime violations said Wednesday they have reached an agreement and asked an Ohio federal court to dismiss the case, which went to the Sixth Circuit. 

  • September 03, 2025

    Ex-Twitter Worker Fights X's Arbitration Push At 9th Circ.

    X waived its arbitration rights in a $20 million severance suit and should not be able to challenge a district court's decision keeping the case in court, Twitter's former chief marketing officer told the Ninth Circuit.

  • September 03, 2025

    Manhattan DA To Target Wage-Fixing With Antitrust Laws

    Manhattan District Attorney Alvin Bragg said Wednesday that his office plans to be the first to use New York's criminal antitrust laws against companies that collude to keep workers' wages low.

  • September 03, 2025

    5th Circ. Declares Federal Contractor Minimum Wage Moot

    Former President Joe Biden's minimum wage for federal contractors is no longer in place after President Donald Trump's executive order revoked it, the Fifth Circuit said, ending a case that challenged the Biden-era wage.

  • September 03, 2025

    More K&L Gates Attys Jump To Arnold & Porter In LA, Seattle

    Arnold & Porter Kaye Scholer LLP continues to grow its West Coast team, announcing Wednesday two more longtime K&L Gates LLP attorneys have joined as partners — a labor and employment expert in Seattle and a business litigation pro in Los Angeles.

  • 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.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.