Wage & Hour

  • October 20, 2025

    Justices To Review Federal Arbitration Exemption Again

    The U.S. Supreme Court agreed Monday to take up a worker misclassification suit that could further refine an exemption to the Federal Arbitration Act.

  • October 17, 2025

    Nursing Exec Denied New Trial On Wage-Fixing Claims

    A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.

  • October 17, 2025

    3rd Circ. Streamlines Hybrid Wage Class Action Settlements

    A Third Circuit ruling that the Fair Labor Standards Act's collective action opt-in mechanism is silent about the release of unasserted claims by opt-out class action members will make it easier to settle cases containing claims under both federal and state wage and hour laws, attorneys said.

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

  • October 17, 2025

    2 Deals Totaling $2.5M Advance In Meat Industry Wage Case

    Two settlements can move forward in a suit brought by workers at red meat processing plants who alleged that Agri Beef Co., Indiana Packers Corp. and Washington Beef LLC engaged in a conspiracy to suppress wages, a Colorado federal judge ruled, finding the deals totaling $2.5 million are fair.

  • October 17, 2025

    Home Depot Says Ex-Manager Was Overtime-Exempt

    Home Depot asked a California federal judge for an early win in a former assistant store manager's proposed class action, arguing that she is not entitled to overtime pay because she was properly classified as exempt under state law.

  • October 17, 2025

    Early PWFA Ruling Highlights Need For Lactation Education

    A recent court ruling allowing the U.S. Equal Employment Opportunity Commission to move ahead with a Pregnant Workers Fairness Act case over denied pumping breaks underscores the need for employers to train managers on breastfeeding accommodations, experts said.

  • October 17, 2025

    11th Circ. Says Adjusters May Be Insurance Cos.' Employees

    A jury could reasonably find that a pair of insurance companies employed three insurance adjusters, the Eleventh Circuit ruled, flipping an Alabama district court's findings that the workers were independent contractors.

  • October 17, 2025

    Commuter Rail Union's Wage Dispute Sent Back To Arbitration

    A Massachusetts federal judge has sent back to arbitration a wage-related dispute between a maintenance workers unit of the Teamsters and the company that operates greater Boston's commuter rail system, saying he recently found he has the authority to do so.

  • October 17, 2025

    Calif. Forecast: 9th Circ. To Hear Court Exec. Race Bias Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a former California state court executive officer's race discrimination case. Here's a look at that case and other labor and employment matters coming up in that state.

  • October 17, 2025

    Fired K-9 Officer Drops Bias Suit Against Mich. Hospital

    A former K-9 security officer for a Michigan hospital agreed to drop her claims that she was fired after disclosing that she was in a same-sex relationship and asking for back pay earned while caring for the dog, according to a Friday order.

  • October 17, 2025

    Mercedes-Benz, Staffing Firm Settle OT Dispute

    A billable worker told a Georgia federal court that she reached a tentative settlement with Mercedes-Benz and a staffing agency she accused of flouting the Fair Labor Standards Act by failing to pay her overtime.

  • October 16, 2025

    La Colombe Workers' $450K Wage Deal Gets Final OK

    La Colombe's hourly paid production workers have received final approval of a $450,000 settlement with the coffee chain, which was accused of failing to pay them for time spent donning and doffing protective equipment before and after their shifts, according to an order by a Pennsylvania federal judge.

  • October 16, 2025

    Wage Reporting Laws Are Useful Deterrents To Pay Inequality

    Equal pay data reporting laws are part of the broader embrace of pay transparency, and though their utility lies in forcing employers to audit their pay practices, the data is imperfect, attorneys said.

  • October 16, 2025

    X, Musk Settle Former Executives' Severance Suit

    Three former Twitter executives have settled their lawsuit claiming they were deprived of millions of dollars in severance benefits following Elon Musk's takeover of the social media company, according to a filing Thursday in California federal court.

  • October 16, 2025

    LA Beats Ex-Police Lt.'s Military Leave Bias Suit Before Trial

    The city of Los Angeles on Thursday beat a proposed class action alleging its police department didn't grant equal sick and vacation time to service members and passed them over for promotions because of their service obligations, weeks before jury trial was set to commence in California federal court. 

  • October 16, 2025

    NY Health System Hit With Time Rounding, Meal Break Suit

    A health system in New York has been automatically deducting meal breaks and rounding hours on workers' time sheets, cheating them out of wages, according to a proposed class and collective action filed in federal court.

  • October 16, 2025

    Texas Law Firm Partially Misclassified Paralegal, Judge Rules

    A former paralegal for a Texas law firm was an independent contractor for the first four years at the firm, but an employee for the remaining two, a federal judge ruled while denying her bid to snag a win on her overtime and minimum wage claims.

  • October 16, 2025

    3rd Circ. Says FLSA Doesn't Limit Class Member Settlements

    The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.

  • October 16, 2025

    3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers

    The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.

  • October 15, 2025

    Alaska Airlines Seeks To Ground Pilot Sick Leave Accrual Suit

    A former Alaska Airlines pilot's suit claiming that he should have accrued vacation and sick time while on long-term military assignments cannot stand because the company doesn't provide such a benefit to other types of leave, the airline told a Washington federal court.

  • October 15, 2025

    Calif. Stay-Or-Pay Ban Creates Wage Suit Pathway

    California’s new ban on stay-or-pay provisions in employment contracts brings the issue of debt repayment under wage and hour law, a change attorneys expect will largely end the use of such arrangements or lead to civil suits under a new monetary penalty.

  • October 15, 2025

    Wash. Judge Rejects Consulting Co.'s $295K Deal In OT Suit

    A Washington federal judge refused to approve a $295,000 settlement in a proposed collective action accusing a consulting company of not paying workers overtime, finding no "bona fide dispute" existed over whether the company was required to pay overtime rates and that the deal would improperly waive workers' rights.

  • October 15, 2025

    Mortgage Co. Can't Nix Worker's Racist Nickname Allegations

    A New York federal judge narrowed but refused to toss a bias suit from a Black mortgage company worker who said his white boss repeatedly called him a nickname using a racial slur, ruling a reasonable jury could find he'd endured an unlawfully hostile work environment.

  • October 15, 2025

    Nursing Entities Stiffed Workers On OT, Suit Claims

    Two subsidiaries of an operator of nursing facilities automatically deducted unpaid meal breaks that certified nursing assistants were unable to take, leading to unpaid overtime wages, a former employee said in a proposed class and collective action in Colorado federal court.

Expert Analysis

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.