Wage & Hour

  • November 07, 2025

    Denying Pay For Military Leave Now Riskier Bet, Attys Say

    The ongoing battle over the paid short-term military leave rights of National Guard and Reserve members in civilian employment is at a critical juncture, and employers should be aware that this type of litigation is here to stay, attorneys say.

  • November 07, 2025

    Ex-Emory Worker Says She Was Fired For Seeking Owed Pay

    A former employee sued Emory Healthcare Inc. in Georgia federal court Friday, claiming the healthcare provider violated federal law by firing her for complaining that it broke a promise to pay her extra for working late.

  • November 07, 2025

    11th Circ. Partially Revives FedEx Freight Worker's FMLA Suit

    An Alabama federal court correctly handed FedEx a win on a former freight handler's retaliation and discrimination suit alleging he was punished for leaving work to take care of his pregnant wife, the Eleventh Circuit ruled Friday while nevertheless reviving his interference claim.

  • November 07, 2025

    Rest Stop Co. Will Pay $1.5M To End Conn. Wage Suit

    A rest stop operator has agreed to pay $1.5 million to resolve a suit lodged by the Connecticut labor commissioner accusing the company of failing to pay food service employees the full wages they were owed, the parties told a state court.

  • November 06, 2025

    Amid Investor Cheers, Musk Gets His $1 Trillion Pay Package

    In a landmark vote that turned corporate governance on its head, Tesla Inc. shareholders on Thursday thumbed their noses at both Delaware Chancery Court and top proxy advisers by awarding CEO Elon Musk an estimated $1 trillion compensation package, according to preliminary results.

  • November 06, 2025

    Attys Spar Over Dismissal Motion In Nurse Strike Pay Suit

    A Colorado federal judge on Thursday questioned the parties on both sides of a complaint in determining if it has enough details to move forward in the lawsuit from nearly 40 nurses who claim they were not properly paid while temporarily working at Kaiser Permanente facilities in California during a 2023 strike.

  • November 06, 2025

    Insurer Says No Defense For Dog Care Co. In Suits, AG Probe

    A dog training and grooming business's insurer told a Washington federal court it should owe no coverage for two cases and a civil investigative demand from the state attorney general's office relating to customers' purchase of service dogs and the business's employment practices, pointing to a raft of exclusions.

  • November 06, 2025

    9th Circ. Backs NLRB Ruling On Nurses' Pandemic Pay Fight

    The Ninth Circuit has affirmed the National Labor Relations Board's order finding a trio of Southern California hospitals violated federal labor law by unilaterally implementing a COVID-19 pandemic pay program without first bargaining with a Service Employees International Union affiliate representing registered nurses and professional workers. 

  • November 06, 2025

    Food Co. Can't Keep Worker's Wage Suit In Federal Court

    A food and beverage company wrongly assumed that all its employees were subject to overtime violations alleged in a worker's proposed class action, a Washington federal court ruled, remanding the case to state court on the grounds that the company overestimated the amount of money at stake.

  • November 06, 2025

    Auto Parts Co. Cheated Drivers Out Of Wages, Court Told

    An automotive parts retailer paid drivers based on how long a specific route was supposed to take, not how much they actually worked, a former employee said in a proposed class and collective action filed in North Carolina federal court.

  • November 06, 2025

    Mass. Pay Transparency Law May Boost Other Worker Claims

    Massachusetts' newly implemented pay transparency law seems primed to be used as a tool to bolster laws already in place — including in discrimination and equal pay cases — even if the new statute itself is unlikely to spawn significant legal action, experts told Law360.

  • November 06, 2025

    Wayfair's Quotas Stood In Way Of Breaks, Ex-Worker Says

    Wayfair imposed unreasonable quotas on workers for unloading and sorting furniture that led to missing meals, rest and cooling-down breaks, as well as unpaid wages, a former employee told a California state court.

  • November 05, 2025

    Ohio Nursing Home Operator Hit With Overtime Suit

    Nursing home operator Nationwide Healthcare Services LLC has been hit with a wage class action in Ohio federal court alleging that the company failed to pay workers overtime at the proper rate in violation of state law and the Fair Labor Standards Act.

  • November 05, 2025

    Colo. Atty Censured For Misleading Court In Wages Suit

    The Colorado Supreme Court's disciplinary body publicly censured an attorney Tuesday for making misrepresentations while he served as general counsel for a company owner in an employment dispute.

  • November 05, 2025

    Worker Can Keep OT Claim Against Health Care Co.

    A worker's overtime claim can proceed against a healthcare company that provides services through the U.S. Department of Labor to individuals who have suffered injuries while working at nuclear facilities, a South Carolina federal judge ruled Wednesday, while tossing other wage- and benefits-related claims.

  • November 05, 2025

    State AG Actions Secure Workers' Pay But Not Status

    New Jersey has joined the growing list of states to go after companies for classifying workers as independent contractors instead of employees, but such actions tend to result in recovering pay without a change in status. Here, Law360 explores the issue.

  • November 05, 2025

    Cracker Barrel Servers Turn To Justices On Collectives Limits

    The Ninth Circuit relied on a U.S. Supreme Court decision that is silent on federal courts' jurisdiction when it limited a collective to Cracker Barrel servers only from the state where a wage suit originated, the workers told the justices, asking them to weigh in.

  • November 05, 2025

    Mamdani's Win May Energize Sluggish NYC Anti-Bias Agency

    New York City Mayor-elect Zohran Mamdani made a campaign promise to significantly boost funding for the city agency tasked with combating workplace discrimination, a move experts said could revitalize a watchdog plagued by backlogs and staffing shortages.

  • November 04, 2025

    Calif. Justices Doubt 'Illegible' Arb. Pact Is Enforceable

    California Supreme Court justices Tuesday doubted that an employer's "illegible" arbitration agreement is enforceable, with multiple justices observing that it's impossible to read terms of the contract at issue, which had been photocopied so many times the words are blurry.

  • November 04, 2025

    Bimbo Bakeries Hit With Donning And Doffing Suit

    Bimbo Bakeries in Horsham, Pennsylvania, is facing a potential class action lawsuit alleging that the company failed to pay employees for the time it took them to gather equipment and get dressed for work, in violation of Pennsylvania's wage laws.

  • November 04, 2025

    Ice Cube, Co. Didn't Pay For Video Shoot Work, Suit Claims

    A video company and rapper Ice Cube failed to pay a crew member who worked briefly on one of the rapper's music videos, a lawsuit in California state court claims.

  • November 04, 2025

    Colo. Car Broker's Misclassification Shorted OT, Court Told

    An automotive broker company misclassified brokers as overtime-exempt under an exemption that applies only to outside sales workers, a former employee alleged in a proposed class and collective action in Colorado federal court.

  • November 04, 2025

    Papa John's Franchisee To Pay $2.1M In Wage Case

    A Papa John's franchisee will pay $2.1 million to nearly 3,000 workers to end an 8-year-old wage and hour suit claiming minimum wage and overtime violations, after an Idaho federal judge preliminarily approved the deal.

  • November 04, 2025

    Collective Cert. Denied In OT Row Under 6th Circ. Standard

    An Ohio energy company customer service representative failed to meet the Sixth Circuit's standard for collective certification, a federal judge ruled, denying her certification bid in her suit accusing the employer of failing to pay call center workers for the preshift work they performed.

  • November 03, 2025

    Justices Urged To Rethink Baseball's Antitrust Shield, Again

    Three baseball players have asked the U.S. Supreme Court to rehear their petition to stop major league organizations from restricting their salaries, noting another similar pending petition and saying the issue will persist until the justices undo baseball's exemption from antitrust laws.

Expert Analysis

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.