Wage & Hour

  • September 26, 2025

    Philly PD Fights Cops' OT Class Certification Bid

    The city of Philadelphia and several officials said that they followed the collective bargaining agreement to compensate ranking officers, telling a federal court that a proposed class in an overtime suit would require individualized inquiries that clash with certification.

  • September 26, 2025

    Calif. Forecast: Grubhub Drivers Seek $24.8M Deal Approval

    In the coming week, attorneys should watch for a preliminary settlement approval hearing in a long-running proposed wage and hour classification class action against Grubhub that paid a visit to the Ninth Circuit. Here's a look at that case and other labor and employment matters on deck in California.

  • September 26, 2025

    Southwest Airlines Inks $18.5M Deal In Military Leave Suit

    Southwest Airlines Co. will fork over $18.5 million to end a proposed class action from workers who alleged the company's handling of short-term military leave violated a federal military nondiscrimination law, according to filings in California federal court.

  • September 26, 2025

    Campbell's Counterclaim Can Keep Simmering In Wage Suit

    Campbell Soup and snack food subsidiary Snyder's-Lance supported their counterclaim for unjust enrichment against a worker who is claiming he was misclassified as an independent contractor, a New York federal judge ruled, finding that tossing it would be premature.

  • September 26, 2025

    4 Equal Pay Developments From The Past Month

    A California court gave final approval to a $43.25 million settlement between Disney and female employees over unequal pay allegations, and data from the U.S. Bureau of Labor Statistics showed a downward trend of women in the workforce. Here, Law360 looks at developments in equal pay issues from the past month.

  • September 25, 2025

    Judge Seeks More Info Before Splitting Corrections OT Trial

    A Colorado federal judge said she wouldn't make a determination on whether a proposed collective action against the state Department of Corrections, alleging the agency didn't pay its criminal investigators while on call, should be split into different trials until she has more information on each side's expectations for the case.

  • September 25, 2025

    5 Wage And Hour Compliance Tips For Fall

    As fall kicks into gear, employers should accommodate workers' requests for time off for religious holidays, seasonal illnesses and voting, and businesses that employ minors should watch for requirements that kick in during the school year, attorneys said. Here's a look at how to handle five wage and hour issues that come up this time of year.

  • September 25, 2025

    ConEd Was Hiring Party For Workers Seeking OT, Judge Says

    Workers accusing Con Edison of misclassifying them as independent contractors sufficiently showed that the electricity company is a hiring party under a New York law covering freelancers, a New York federal judge ruled, adopting a magistrate judge's finding to keep their suit on.

  • September 25, 2025

    Property Manager Didn't Pay For Meal Break Work, Suit Claims

    Leasing agents and maintenance technicians, in a proposed collective and class action filed on Thursday, have accused a property management company of making them work during unpaid meal breaks, while not keeping track of this time and refusing to pay overtime. 

  • September 25, 2025

    UnitedHealthcare, Workers End OT Suit After Settlement Fight

    A former UnitedHealthcare care coordinator agreed to end her long-running overtime misclassification suit against the health insurance giant several months after a New Mexico federal judge sanctioned the company for evading workers' request for a complete list of class members for a settlement.

  • September 25, 2025

    Apple Affiliate Pushes To Undo Classes After Wage Case Loss

    Five classes of workers in a $840,000 a wage suit against an Apple-affiliated repair company in North Carolina federal court are rootless after a Fourth Circuit decision, the company said, accusing the workers of fabricating quotes from a case they relied on in their opposition.

  • September 24, 2025

    Minn. Judge Suspended For Attempting To Boost Staffer's Pay

    A Minnesota state judge should not have presided over proceedings to increase his longtime court reporter's salary, the state Supreme Court said, disciplining him with a public censure and a suspension for nine months without pay.

  • September 24, 2025

    Comcast Loses Challenge To Labor Dept. ALJs' Authority

    Comcast Corp. can't force a pair of former executives and the U.S. Department of Labor to sue in federal court, after a Virginia federal judge found that handing a Sarbanes-Oxley whistleblower case to an administrative law judge did not violate the company's Seventh Amendment rights.

  • September 24, 2025

    Atlanta Lawyer Fights Ex-Firm's Bid To Toss Wage Suit

    An Atlanta attorney suing her former law firm over allegations it fired her and threatened her when she demanded her last paycheck said the firm can't force her suit into arbitration, arguing it is hiding behind a sealed agreement and hasn't disclosed its full terms.

  • September 24, 2025

    Athletes Say NCAA's Dismissal Bid Rehashes Old Arguments

    A group of Division I athletes looking to be classified as employees filed a succinct reply chiding the NCAA and several prestigious universities for their "hundreds of pages" of "repetitive, overlapping" arguments that rehash points already made in Pennsylvania federal court.

  • September 24, 2025

    3 Tips To Set Up W&H Compliant Uniform, Dress Code Policy

    Employers who want their employees to dress the part need to keep in mind that dress codes and uniforms each present their own distinct wage and hour considerations. Here attorneys offer three tips for employers seeking to implement a uniform or dress code policy.

  • September 24, 2025

    Officer Accuses Ga. Department Of Unpaid Wages, Retaliation

    A police department in a Georgia city failed to pay a veteran officer for the time he spent conducting field training, then transferred him to a front desk security guard role after he complained about the missing wages, according to a suit in federal court. 

  • September 24, 2025

    Waiter's Settled Claims Sink Class Cert. In NYC Eatery Tip Suit

    An ex-waiter for a now-dissolved restaurant operator in New York City cannot snag class certification in his federal court wage suit because he already settled individual tip credit claims in state court, a federal judge ruled, adding that his counsel failed to represent the interests of potential class members.

  • September 24, 2025

    Judge Preserves H-2A Worker Claims Against NC Farm

    A North Carolina federal judge said the owners of Lee and Sons Farms must face a collective action brought by migrant farmworkers and certified several classes of workers alleging breach of contract and wage law violations.

  • September 23, 2025

    Feds Tell Justices GEO Can't Rush Detainee Work Row Appeal

    The federal government told the U.S. Supreme Court that immigrant detention contractor The GEO Group Inc. is wrong when it asserts that a federal judge's rejection of its immunity defense to a detainee class action could be appealed immediately.

  • September 23, 2025

    Amazon Workers Get Cert. In Wage Suit Over New Hire Events

    A California federal judge certified a class of Amazon workers who allege the retail giant failed to pay them for time spent at mandatory new hire events, but she granted the company partial summary judgment on some of the wage allegations against it.

  • September 23, 2025

    DHS Floats H-1B Rule To Prioritize Higher-Paid Workers

    The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.

  • September 23, 2025

    Meta Foiled Man's Disability Leave, Caregiving Time, Suit Says

    Meta failed to accommodate an employee who had disabilities and didn't allow him time off to take care of his terminally ill father in Tel Aviv, a suit filed in California state court claims.

  • September 23, 2025

    Philly VA Worker Settles Suit Over Denied Pregnancy Leave

    A pregnant food service worker and the U.S. Department of Veterans Affairs reached a settlement of her suit accusing the department of denying her accommodation requests, according to an order in Pennsylvania federal court.

  • September 22, 2025

    Justices Urged To Narrow Liability Defense In GEO Wage Row

    Public Citizen urged the U.S. Supreme Court on Monday to rein in lower courts' interpretation of the 85-year-old Yearsley ruling, arguing it doesn't provide government contractors sovereign immunity derived from the government.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • 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.