Wage & Hour

  • November 18, 2025

    MVP: Wigdor's David E. Gottlieb

    David E. Gottlieb of Wigdor LLP tested the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, securing a significant win in a discrimination case that reached the Second Circuit and earning him a spot among the 2025 Law360 Employment MVPs.

  • November 18, 2025

    San Francisco Nurses Can't Challenge FLSA OT Exemption

    Nurses who claim that the city of San Francisco failed to pay them the proper overtime rates fall under a Fair Labor Standards Act exemption, a California federal judge ruled, finding summary judgment necessary following a sanctions order limiting the nurses' evidence.

  • November 18, 2025

    Conn. Atty Fined $500 For AI-Generated Errors In Wage Suit

    In an order that noted an attorney's remorse, a Connecticut federal judge sanctioned a solo practitioner $500 this week for submitting a brief packed with false, AI-generated case citations, finding the fake authorities wasted court resources, risked misleading a pro se litigant and undermined trust in the judicial system.

  • November 18, 2025

    Arbitration Pact Can't Stop Busser's Harassment, Wage Suit

    A restaurant worker who claimed he was sexually harassed on the job and underpaid can keep his suit in New York federal court after a judge found that a law barring mandatory arbitration for sexual harassment disputes also shields his wage claims.

  • November 18, 2025

    Humana Ends Lawsuit Over Unpaid Preshift Work

    Humana Inc. and a former employee agreed to end a proposed class action alleging the company failed to compensate call center employees for the time they spent getting ready for their shifts, according to a Kentucky federal court filing.

  • November 18, 2025

    States' Challenge To Biden-Era Contractor Rule Officially Done

    A Texas federal court officially ended a challenge that Texas, Louisiana and Mississippi lodged against former President Joe Biden's increase of the minimum wage for federal contractors after a Fifth Circuit said the wage bump was no longer in place after President Donald Trump revoked it.

  • November 18, 2025

    Geico Flouted Mass. Wage Laws For Adjusters, Suit Alleges

    Geico required field claims adjusters to work up to 10 hours a day without overtime pay and improperly dinged them for "personal use" of company-issued vehicles, according to a proposed class action filed in Massachusetts state court.

  • November 17, 2025

    Ex-Finnegan Associate Gets Wage Theft Suit Revived In DC

    The D.C. Court of Appeals revived a former Finnegan Henderson Farabow Garrett & Dunner LLP associate's lawsuit alleging the firm reneged on its promises to pay tuition reimbursement and productivity bonuses, saying the trial court should have conducted "a fuller analysis" before shutting the book on the case.

  • November 17, 2025

    Tyson Shorted Wash. Workers On Breaks And OT, Suit Says

    Tyson Foods has been accused of systematically shorting Washington state workers on breaks, sick leave and overtime pay, according to a proposed class action the meat processing giant removed to federal court on Friday.  

  • November 17, 2025

    GOP States Urge Justices To Clarify Collective Cert. Standard

    A coalition of 21 states and two business groups told the U.S. Supreme Court on Monday that lower courts' allegedly premature certification of collective actions drives up the cost of litigation and forces employers into multimillion-dollar settlements, backing Eli Lilly & Co. in a worker's age bias case.

  • November 17, 2025

    Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach

    A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.

  • November 17, 2025

    Ga. Staffing Firm To Pay $450K To End OT Suit

    A Georgia-based staffing and project management agency has agreed to pay nearly $450,000 to two dozen former workers who accused it of stiffing them on overtime by "slapping a 'salary' label" on their paychecks, according to a deal a federal judge approved Monday.

  • November 17, 2025

    Fired Atty Says Debevoise Can't Force Arbitration Of ADA Suit

    An attorney who accused Debevoise & Plimpton LLP of unlawfully refusing to rehire him because he took protected medical leave has urged a New York federal court not to dismiss his suit or send it before an arbitrator, arguing an arbitration provision in an earlier settlement does not apply to new claims.

  • November 17, 2025

    MVP: Paul Hastings' Cameron W. Fox

    Cameron W. Fox, chair of Paul Hastings LLP's traditional labor practice group and partner in its employment law department, persevered through a trial during the Palisades and Eaton fires in Los Angeles and secured a win for Levi Strauss & Co. in a discrimination case where the jury reached a unanimous verdict in less than 20 minutes, earning her a spot as one of the 2025 Law360 Employment MVPs.

  • November 17, 2025

    Ex-Delta Worker Fights To Keep Breaks Suit Alive

    Delta Air Lines should not be able to end a former employee's suit that said the company's understaffing issues forced workers to miss their meal and rest breaks, a former worker said, telling a Washington state federal court that she supported her claims well enough.

  • November 17, 2025

    NY Beer Distributor To Pay $1M In Drivers' OT Suit

    A New York-based beer distributor has agreed to pay $1 million to more than 1,675 drivers and helpers who claimed they were not properly paid overtime under state law, the workers told a federal court, asking it to greenlight the deal.

  • November 17, 2025

    4th Circ. Won't Toss Anheuser-Busch's Appeal In OT Suit

    Anheuser-Busch can continue challenging a Virginia federal court's decision granting class certification and declining to untangle a collective of workers seeking unpaid wages for work performed outside their shifts, the Fourth Circuit ruled.

  • November 14, 2025

    JetBlue Accused Of Pushing Workers To Drop Wage Claims

    Former employees suing JetBlue for allegedly shorting them on breaks and wages are urging a Washington state judge to block the airline's alleged efforts to coerce members of a proposed class into settlements, contending management has pressured workers to sign releases amid looming downsizing plans.

  • November 14, 2025

    Junior Hockey Players Fight Wage Case Dismissal In Appeal

    Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.

  • November 14, 2025

    Ex-Va. City Atty Tells 4th Circ. FMLA Doesn't Immunize Officials

    The Family and Medical Leave Act doesn't contemplate qualified immunity, a former Virginia city assistant attorney told the Fourth Circuit on Thursday, arguing that a municipal attorney cannot appeal a federal court's decision to let his FMLA suit go to trial.

  • November 14, 2025

    Colo. Mining Co. Accused Of Denying Pre-Shift Pay

    A Colorado mining company failed to pay workers for time spent putting on protective gear and attending meetings, a former lead man and heavy equipment operator alleged in a proposed collective action in federal court.

  • November 14, 2025

    MVP: Gibson Dunn's Jason Schwartz

    Jason C. Schwartz, co-chair of Gibson Dunn & Crutcher LLP's labor and employment practice, convinced Maryland's Supreme Court to create new case law in favor of his client Amazon clarifying the state's wage and hour statutes, earning him a spot as one of the 2025 Law360 Employment MVPs.

  • November 14, 2025

    Calif. Forecast: $50M Google Racial Bias Deal Up For Approval

    In the coming week, attorneys should watch for a hearing on a potential $50 million deal to resolve a proposed racial discrimination class action against Google. Here's a look at that case and other labor and employment matters on deck in California.

  • November 14, 2025

    NYC Workers Claim City Flouted OT Obligations

    New York City failed to pay its Department of Homeless Services special officers and sergeants for all the hours they worked, basing their pay on their scheduled hours instead, according to a suit in New York federal court that could include more than 460 workers' claims.

  • November 14, 2025

    PetSmart Settles Deceptive Training Contracts Suit For $225K

    PetSmart agreed to pay the state of Colorado $225,000 to end a suit accusing it of tricking dog groomers into contracts with training repayment agreement provisions that forced them to pay up to $5,500 if they left the company before working there for two years, the state's attorney general said.

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.