Wage & Hour

  • June 24, 2025

    Worker Surveilled By Township Loses FMLA Suit At 6th Circ.

    The Sixth Circuit refused Tuesday to revive a suit from a highway department worker who claimed he was fired for taking medical leave, saying an Ohio township's position that a private investigator saw him doing construction work put the termination on solid ground.

  • June 24, 2025

    Home Care Co. Can't Unravel Class In Workers' Wage Suit

    A home care company cannot get a pretrial win in workers' lawsuit accusing it of underpaying their overtime wages and issuing the extra pay late, a New York federal judge ruled, nor can the company decertify a 1,100-member class.

  • June 24, 2025

    Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit

    A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.

  • June 24, 2025

    Pot Dispatcher Can't Upend Co-Worker's $400K Wage Deal

    A California appeals court has upheld a $400,000 wage-and-hour settlement between a cannabis delivery driver and The Highest Craft LLC, finding that a dispatcher whose claims are also covered under the settlement failed to show the deal was unfair or insufficiently investigated.

  • June 24, 2025

    Prior Salaries Not An Excuse For Gender Pay Gap, Vet Says

    An animal health company's argument that paying a female veterinary pathologist less than her male counterparts was not motivated by bias because the employer matched incoming male workers' prior salaries is not an adequate defense, she told a New Jersey federal court.

  • June 23, 2025

    Kardashian Chef Offered Adderall Instead Of Breaks, Suit Says

    A chef who works with celebrities including the Kardashian family refused to pay overtime despite requiring employees to work 12-hour days and offered Adderall instead of breaks if workers complained they were tired, a former assistant told a California state court.

  • June 23, 2025

    DOL Suspends Biden-Era H-2A Farmworker Protection Rule

    The U.S. Department of Labor has put a Biden-era regulation protecting union-related activities for agricultural workers on seasonal H-2A visas on ice while litigation over the rule continues and the agency considers new rulemaking.

  • June 23, 2025

    IT Workers Get Collective Status In Unpaid OT Suit

    A lawsuit accusing a title insurance company of improperly classifying information technology workers as exempt from earning overtime can proceed as a collective, a Delaware federal judge ruled Monday.

  • June 23, 2025

    EEOC Accuses Restaurant Of Sex Harassment, Pay Bias

    The owner of a Missouri restaurant repeatedly made lewd comments to a female manager, paid her less than a male colleague and punished her when she tried to ignore his advances, the U.S. Equal Employment Opportunity Commission alleged in federal court.

  • June 23, 2025

    Chili's Says Worker's Bankruptcy Omission Dooms Wage Suit

    A former Chili's employee should have his wage and hour action against the chain's parent company tossed because the case wasn't listed among his assets in bankruptcy court, the company argued, saying he knew he was supposed to divulge this information and still failed to do so.

  • June 23, 2025

    Justices Won't Hear Kosher Worker's OT Exemption Case

    The U.S. Supreme Court declined Monday to review a ruling that an Orthodox Jewish organization is immune from a worker's overtime claims because he falls under the First Amendment's ministerial exception.

  • June 20, 2025

    Gutter Co. Accused Of Misclassifying Workers To Dodge OT

    LeafFilter is facing a proposed class action in Colorado federal court from a former employee claiming the gutter protection manufacturer misclassified workers as independent contractors to avoid paying overtime.

  • June 20, 2025

    3 New Jersey Wage-Hour Updates To Watch

    New Jersey’s new pay transparency requirements and proposed changes to an independent contractor classification test and temporary-worker protections demonstrate how the state remains a hot spot for wage and hour activity. Here, Law360 explores three developments to watch.

  • June 20, 2025

    NY Forecast: Judge Weighs Toss Of Doctor's Retaliation Suit

    In the coming week, a New York federal judge will consider a medical clinic's motion to dismiss a lawsuit brought by a former physician who claims he had his bonus withheld and was fired for complaining about conditions and practices at the clinic. Here, Law360 looks at this and other cases on the docket in New York.

  • June 20, 2025

    Honda Requires Off-Clock Work, Production Associate Says

    A Honda manufacturing unit mandates that employees show up to work about 30 minutes before their shifts officially start to put on protective gear and walk to their workstations but does not pay them for these tasks, a proposed class and collective action filed in Ohio federal court said.

  • June 20, 2025

    Crew Member Says HBO Pays Late, Fails To Provide Breaks

    Crew members working for HBO and a production company were paid several days late and were often required to work through their meal and rest breaks, a Private Attorneys General Act lawsuit filed in California state court said.

  • June 20, 2025

    Alaska Airlines Arm Reaches Deal To End Wage Suit

    A subsidiary of Alaska Airlines struck a deal Friday with a former training specialist to resolve her lawsuit accusing the company of shaving hours off her pay and ignoring the work she performed outside her scheduled shift, a filing in Washington federal court said.

  • June 20, 2025

    Law School Escapes Prof's Long-COVID Retaliation Suit

    A former Mercer University School of Law professor cannot show that the school refused to accommodate her long-COVID-19 symptoms, a Georgia federal judge ruled, saying her repeated requests to work remotely were not reasonable.

  • June 20, 2025

    1st Circ. Blocks Swiss Arbitration Of Au Pair Wage Claims

    A Massachusetts-based au pair agency cannot enforce a Swiss arbitration requirement included in a contract that childcare workers signed with a separate European company, the First Circuit has determined.

  • June 18, 2025

    BofA Judge Doubts Class Certification Bid In Unpaid PTO Suit

    A California federal judge doubted Wednesday whether a named plaintiff can adequately represent a proposed class of Bank of America employees who claim they weren't paid for unused vacation time when they left the bank, observing during a hearing that her individualized issues "could make her very differently situated."

  • June 18, 2025

    Nurse Staffing Exec Can't Nix Conviction, Sanctions Floated

    A Nevada federal court has refused a nurse staffing executive's bid to undo his conviction on wage-fixing and wire fraud charges, and threatened his attorneys with sanctions for allegedly making repeated misrepresentations to the court.

  • June 18, 2025

    Senate Panel Sets Vote On Trump Nominees For EEOC, DOL

    A Senate panel announced on Wednesday a June 26 vote that will affect who will chair the U.S. Equal Employment Opportunity Commission and the Trump administration's picks to lead the U.S. Department of Labor's Wage and Hour Division and employee benefits arm.

  • June 18, 2025

    Thompson Coburn Lands 5 Epstein Becker Employment Attys

    Thompson Coburn LLP announced Wednesday that a five-attorney labor and employment team of three partners and two associates joined the firm's Los Angeles office from Epstein Becker Green.

  • June 18, 2025

    NJ Judiciary Hit With Pregnancy Bias Suit From Court Exec

    A court executive has claimed that the New Jersey judiciary is guilty of retaliating and discriminating against her by allegedly reducing her pay raise because she went on maternity leave, according to a new state complaint.

  • June 18, 2025

    Applebee's Franchise Settles NY Pay Disparity Claims

    The operator of New York City-area Applebee's restaurants entered into a National Labor Relations Board settlement after a former server claimed he was fired after complaining about Black workers getting paid less than white employees, advocacy group One Fair Wage announced Wednesday.

Expert Analysis

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.