Wage & Hour

  • July 10, 2025

    Orkin Stiffed Pest Control Workers On Overtime, Suit Says

    Pest control giant Orkin stiffed thousands of employees on overtime pay by requiring them to perform work off the clock through automatically deducted breaks that weren't taken and required participation in unpaid training sessions, according to a Thursday suit filed in Georgia federal court.

  • July 10, 2025

    Fitness Cos. Can Arbitrate Health Specialist's Wage Claim

    A fitness company and its subsidiary can arbitrate a health fitness specialist's lawsuit accusing them of paying him and other manual workers bimonthly instead of weekly as New York law requires, a federal judge ruled, saying a valid arbitration agreement exists.

  • July 10, 2025

    Nursing Home Operator Faces Meal Break Suit In Pa.

    A rehabilitation and nursing home operator automatically deducted 30-minute unpaid meal breaks from workers' time even though they were unable to take the breaks in full, a former employee for the company said in a proposed class action in Pennsylvania state court.

  • July 10, 2025

    Publix Pushed For Off-Clock Work, Underpaid OT, Suit Says

    Grocery chain Publix pressured a department manager to work off-the-clock to bolster store profits and shorted him on overtime by failing to incorporate bonus pay into its time-and-a-half calculations of his hourly rate, the worker said in a suit filed in Georgia federal court.

  • July 10, 2025

    Mining Co. Fails To Pay For Preshift Work, Suit Says

    A mining company fails to pay workers for necessary preshift tasks such as donning protective equipment and improperly calculates their overtime wages, a proposed class action filed in Colorado state court said.

  • July 10, 2025

    Ex-Executive Of Cannabis Co. Ascend Alleges Wrongful Firing

    A former executive at New York cannabis company Ascend Wellness Holdings Inc. claims the company cheated him out of $400,000 in unpaid wages, stock payouts, and medical and dental coverage owed to him after it unceremoniously fired him, according to a lawsuit.

  • July 09, 2025

    California Court Allows Worker To Pursue 'Headless' PAGA Suit

    A California appeals court panel held Monday that a worker who dismissed his individual claims against his former employer for civil penalties under California's Private Attorneys General Act can still pursue claims solely on behalf of other aggrieved employees in a so-called headless PAGA action.

  • July 09, 2025

    NY Judge Agrees To Toss Translation Co.'s Defense In OT Row

    A New York federal judge on Wednesday agreed to ax TransPerfect's federal wage law defense in a class action accusing it of not paying overtime, agreeing with a magistrate judge's conclusion that state law has stronger labor protection laws.

  • July 09, 2025

    Walgreens Judge OKs $950K Uniform Policy Deal On 2nd Try

    More than 12,000 Walgreens employees have received preliminary approval of a $950,000 class action settlement over claims of unreimbursed uniform expenses, after a California federal judge said the parties had resolved deficiencies he previously cited, including an opt-out timeframe and the chance for class members to challenge proposed attorney fees. 

  • July 09, 2025

    US Chamber Backs Anheuser-Busch's 4th Circ. Class Fight

    The U.S. Chamber of Commerce backed Anheuser-Busch LLC's bid to flip a Virginia federal court's decision granting class certification to workers alleging the brewing giant failed to pay for mandatory pre- and post-shift work, telling the Fourth Circuit that the workers didn't clear certification standards.

  • July 09, 2025

    Call Center Worker Says Security Co. Fails To Pay All Wages

    A security camera company improperly calculates call center workers' overtime wages and fails to pay them for work they perform before they are officially clocked in, according to a proposed class and collective action filed in Massachusetts federal court.

  • July 09, 2025

    7th Circ. Asks Ill. Justices To Mull Amazon COVID Pay Fight

    The Seventh Circuit shipped to the Illinois Supreme Court a suit accusing Amazon of not paying workers for time spent in COVID-19 screenings, asking the state justices to sort out whether state law incorporates federal regulations for preshift activities.

  • July 09, 2025

    DOL Watchdog Seeks Form Update To Match Trump Order

    The Office of Federal Contract Compliance Programs intends to modify its bias complaint form to reflect the Trump administration's rescission of a longstanding legal authority used to prevent federal contractors from discriminating against workers, saying Wednesday the update is urgently needed to prevent public confusion.

  • July 09, 2025

    Popeyes Franchises' $400K Wage Deal Gets Initial Nod

    Several Popeyes franchises agreed to pay $400,000 to resolve a class action accusing them of paying workers only their regular hourly wage even when their hours exceeded 40 per week, according to a filing in New York federal court.

  • July 09, 2025

    Defunct Media Co. Ends WARN Act Suit With $4.5M Deal

    A New York federal judge gave the official greenlight to a $4.5 million deal that resolves a suit from workers who claimed former digital media startup The Messenger ignored a federally mandated firing notice timeline when it laid off hundreds of workers and shut down.

  • July 08, 2025

    3 Things To Know About NYC's New Prenatal Leave Regs

    New York this year became the first state in the nation to mandate paid prenatal leave for pregnancy-related work absences, and New York City went a step further by imposing additional administrative requirements for employers in the Big Apple. Here are three things to know about the NYC regulations.

  • July 08, 2025

    Ex-Partner Says BDO Fired Her Over Leave For Son's Stroke

    A former tax partner for accounting giant BDO said Tuesday that the firm fired her after manufacturing performance issues because she took leave to care for her son who suffered a brain hemorrhage, according to the $75 million discrimination suit she filed in New York federal court.

  • July 08, 2025

    GOP Senators Unveil Employment Bills Package

    Senate Health, Education, Labor and Pensions Committee Chairman Bill Cassidy, R-La., and two other Republican senators jointly introduced a package of bills that would give independent contractors access to retirement and health benefits, and introduce a new independent contractor definition. 

  • July 08, 2025

    Docs Sue Colo. Mental Health Co. For Wage Theft, Defamation

    Two physicians sued their former employer Monday in Colorado state court, saying the healthcare company incorrectly classified them as independent contractors, didn't pay them on time and later denied wages entirely.

  • July 08, 2025

    Cannabis Co. Escapes Sales Commissions Suit

    A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.

  • July 08, 2025

    3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit

    The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.

  • July 08, 2025

    Outdoor Co., DOL End Suit Challenging Contractor Wage Rule

    A Colorado federal court on Tuesday dismissed a suit from an outdoor group challenging former President Joe Biden's decision to raise the minimum wage for federal contractors, a day after the group and the U.S. Department of Labor said they agreed to drop the case.

  • July 08, 2025

    Calif. Agency Rolls Out Guidance For Violence Survivor Leave

    The California Civil Rights Department rolled out its latest guidance and model notice for employees who are victims of violence or abuse and wish to take time off under a law that went into effect in the state in January.

  • July 08, 2025

    Merits Not At Issue For Health Co. Wage Collective, Court Told

    A healthcare facility operator is focusing too much on the merits of unpaid wages claims rather than whether it had common policies that detracted from employees' pay, a respiratory therapist told a North Carolina federal court, saying collective status is appropriate.

  • 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.

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.