Wage & Hour

  • August 08, 2025

    Papa John's No-Poach Deal Barely Clears Initial Hurdle

    A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.

  • August 08, 2025

    Calif. Forecast: Amazon-NLRB Fight Heads To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in Amazon's challenge to the constitutionality of the National Labor Relations Board's structure. Here's a look at that case and other labor and employment matters coming up in California.

  • August 08, 2025

    X Says Former Employee Was Fired For Misconduct

    A former X employee was fired after writing on Slack about a "kill command" that could have turned off the website, according to the social media company, telling a California federal court that his Worker Adjustment and Retraining Notification Act suit can't stand.

  • August 08, 2025

    NY Firm Falcon Rappaport Adds Employment Partner

    New York business law firm Falcon Rappaport & Berkman LLP has hired an attorney from Tannenbaum Helpern Syracuse & Hirschtritt LLP as a partner in its labor and employment practice group, the firm announced.

  • August 08, 2025

    Black Officer's Lower Pay Ruled Not Based On Discrimination

    The pay disparity between a Black female corrections lieutenant and two white male lieutenants was rooted in civil service pay rules and job differences, not gender and race-based discrimination, an Alabama federal judge ruled.

  • August 07, 2025

    Connecticut Litigation Highlights In The 1st Half Of 2025

    Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.

  • August 07, 2025

    Worker Says Property Firm Fired Her Over Medical Diagnosis

    A property management firm has been sued in Georgia federal court by a former employee who alleged she was discriminated against and eventually fired after being diagnosed with ovarian fibroids requiring a hysterectomy and hernia repair.

  • August 07, 2025

    Healthcare Consulting Co. Agrees To Pay $16M In OT Dispute

    A healthcare consulting company agreed to pay $16 million in a lawsuit accusing it of misclassifying care coordinators as overtime-exempt under the Fair Labor Standards Act, about 200 workers said in a settlement approval bid filed in New Mexico federal court Thursday.

  • August 07, 2025

    7th Circ.'s Collective Cert. Standard Strikes Balance, Attys Say

    A new framework the Seventh Circuit laid out for certifying collective actions in wage and hour litigation has attorneys for both employers and workers at first blush feeling relieved, as the panel majority put forward a flexible approach that gives lower courts discretion.

  • August 07, 2025

    Unpaid Lottery.com VP OT-Exempt Under FLSA, 5th Circ. Says

    A Texas federal court correctly found that a Lottery.com IT executive was a highly paid exempt employee under the Fair Labor Standards Act, the Fifth Circuit ruled, rejecting the worker's arguments that he had lost his exempt status when he stopped getting paid.

  • August 07, 2025

    Mass. High Court Affirms $1M Pension Loss For OT Fraud

    The forfeiture of $1 million in pension and health benefits following a Massachusetts state trooper's conviction in an overtime fraud scheme is not so grossly disproportionate to the offense that it violates the state constitution's prohibition on excessive fines, Massachusetts' highest court concluded on Thursday.

  • August 07, 2025

    Gig Staffing Cos. Profit By Misclassifying Workers, Court Told

    A slew of staffing companies including Instawork misclassify the workers they hire as independent contractors, a nonprofit organization that advocates for workers' rights said in a suit removed to Ohio federal court, accusing the investors backing the companies of racketeering.

  • August 06, 2025

    NY Judge Confirms Tips Awards In Hotel, Union Arbitration

    A New York City hotel must fork over $60,000 in back pay to its food and beverage attendants after its bartenders decreased the attendants' share of tips nearly 15 years ago, a federal judge ruled, confirming a series of arbitration awards over the hotel's protests.

  • August 06, 2025

    Accounting Firm Must Face Ex-Credit Union CEO's Firing Suit

    The largest accounting firm in Connecticut, Whittlesey PC, must face the former CEO of Sound Federal Credit Union's claim that he was fired for following the firm's advice on when to calendar gains from a $1.2 million property sale, a Connecticut trial court judge has ruled.

  • August 06, 2025

    American Snags Win In Flight Attendant's Wage Suit In NY

    American Airlines' compensation method splitting flight attendants' pay in two didn't violate New York Labor Law's wage statement and late-payment requirements, a federal judge ruled, finding that a flight attendant didn't show the pay plan caused him harm.

  • August 06, 2025

    7th Circ. Adopts Flexible Standard For Collective Actions

    The Seventh Circuit in a discrimination case against Eli Lilly & Co. laid out a new standard for certifying collective actions, joining the Fifth and Sixth circuits in departing from a two-step analysis courts had used for decades but taking a more middle-of-the-road approach.

  • August 06, 2025

    Steakhouse Can't Shake Certified Class In Conn. Wage Suit

    A class of tipped servers accusing a steakhouse at the Foxwoods Resort Casino of unpaid wages will stay in place, a Connecticut state judge ruled, saying that the employer overplayed a court's earlier decision finding that the workers didn't perform nonservice tasks.

  • August 06, 2025

    LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit

    Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.

  • August 05, 2025

    Judge Says Colo. Corrections Dept. Must Face OT Pay Claims

    A Colorado federal judge on Tuesday rejected the state Department of Corrections' bid for summary judgment in a proposed collective action accusing the agency of neglecting to pay criminal investigators for hours spent on call.

  • August 05, 2025

    Thousands Of Coaches Noticed For NCAA Wage Suit

    Attorneys spearheading an antitrust class action in California federal court targeting NCAA rules that allegedly suppressed wages of "volunteer coaches" are casting a wide net to publicize their case, sending notices to thousands of current and former coaches informing them they may stand to profit.

  • August 05, 2025

    Stone Hilton Rips Claims As 'Slinging Mud' For Prosecutor

    Stone Hilton PLLC pushed Tuesday to strike certain claims from a former aide's sexual harassment lawsuit, arguing that they were made against the firm — founded by former top prosecutors in the Texas attorney general's office — as a means of "slinging mud" on behalf of Attorney General Ken Paxton's second-in-command.

  • August 05, 2025

    United Tech Says Airline, Union Dropped Ball On Raises

    A United Airlines technician who believes the company shorted him and his co-workers on raises filed a proposed class action against the airline and the Teamsters in California federal court, accusing the airline of violating its union contract's raise policy and the Teamsters of inadequately pressing the issue.

  • August 05, 2025

    5 Of The Biggest Wage-Hour Settlements Of 2025 So Far

    Employers and workers have recently reached multimillion dollar deals to resolve disputes over the minimum wage at Disneyland, alleged paycheck issues at Kroger supermarkets and meal breaks at a hospital. Here’s a quick look at five of the biggest wage and hour settlements that courts gave initial or final approval to so far this year.

  • August 05, 2025

    Behavioral Health Workers Say Albuquerque Owes Them OT

    The city of Albuquerque, New Mexico, misclassified behavioral health responders as overtime-exempt under the Fair Labor Standard Act, leading to unpaid wages, a group of 11 current and former full-time employees said in a proposed collective action in federal court.

  • August 05, 2025

    Ex-Officer Says LAPD Withheld Info In Military Leave Bias Suit

    A former Los Angeles Police Department officer claiming he was passed over for a promotion because of his military status said he has not received the records he requested containing information about similarly situated employees. 

Expert Analysis

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.