Wage & Hour

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case

    A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.

  • October 03, 2025

    Logistics, Grocery Cos. Can't Keep Wage Suit In Fed. Court

    Inflated damages calculations and speculative attorney fee estimates can't keep a worker's suit accusing a logistics company and a wholesale grocery store chain of wage and hour violations in federal court, a California federal judge said Friday, vacating an earlier arbitration order.

  • October 03, 2025

    Amazon Disputes Firing Worker On Maternity Leave

    Amazon has urged an Illinois federal judge to grant it summary judgment in an ex-worker's lawsuit alleging pregnancy-based discrimination, saying she was fired only after failing to return at the end of an extended leave period and that it reminded her at least five times that she needed to provide documentation to support a longer leave.

  • October 03, 2025

    Insurer Says No Coverage For Wage Disclosure Class Actions

    A Tokio Marine unit said it has no duty to defend or indemnify restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a Washington federal court in two separate actions that the allegations do not trigger coverage under their respective employment practices liability insurance policies.

  • October 03, 2025

    9th Circ. Reopens Circle K Age Bias Suit Over Promotion

    The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.

  • October 03, 2025

    Statewide Child Labor Law Updates To Watch

    A handful of states have recently tightened child labor laws by reducing the number of hours young people can work and making other changes, while other states have loosened restrictions, creating what attorneys describe as a complex compliance landscape. Here, Law360 explores some of the latest developments.

  • October 03, 2025

    Brand Ambassadors Hit Grill Co. With Unpaid Wage, OT Suit

    A manufacturer of grill and cooking accessories only paid brand ambassadors based on the company's product sales during promotional events at Costco stores and improperly considered the workers overtime-exempt, an employee said in a proposed collective action filed in Utah federal court.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 03, 2025

    Calif. Forecast: NLRB, Compressed Gas Co. Head To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a California-based National Labor Relations Board matter involving a gas supplier. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • October 03, 2025

    DoorDash Subsidiary Owes Workers OT Pay, Court Told

    A DoorDash subsidiary that delivers groceries and household items failed to pay its associates for work performed before and after their shifts, training and missed meal breaks, an employee said in a proposed collective action in Tennessee federal court.

  • October 03, 2025

    8th Circ. Won't Review Teachers' Union Taxpayer Ruling

    The full Eighth Circuit will not review a split panel decision ruling that taxpayers could challenge a Minnesota school district's paid leave policy that allows teachers to take paid time off to work for their union.

  • October 02, 2025

    San Diego Women's Soccer Club Sues Ex-Prez Over Departure

    Owners of the San Diego Wave Futbol Club have sued its former president in California state court, alleging she lied about her intentions to stay with the women's soccer club after its purchase, resigning instead to take a job with FIFA as chief football officer.

  • October 02, 2025

    Southwest Owes OT For Work Around Flights, Attendant Says

    Southwest Airlines illegally fails to pay its Chicago Midway International Airport flight attendants for any work they perform outside the bounds of their actual flight time, according to a proposed class action one of the airline's employees filed in Illinois state court.

  • October 02, 2025

    Legal Services Co. Accused Of Not Properly Paying OT

    A legal service support company failed to properly pay its employees overtime, a former trial consultant said in a proposed collective action filed Thursday in Texas federal court.

  • October 02, 2025

    McDonald's Operator Pushes To Unravel Class In Break Suit

    A Colorado trial court failed to consider evidence showing that the operator of several McDonald's locations in Aurora, Colorado, did not violate the state's rest break laws, the entity told the state Supreme Court, urging the justices to undo the class.

  • October 02, 2025

    Dell Accused Of Firing In-House Atty On Maternity Leave

    Dell illegally fired an attorney in the midst of her maternity leave after repeatedly denying her promotion opportunities and handing them to her male colleagues instead, the attorney told a Massachusetts federal court.

  • October 02, 2025

    DOL's Judges Office Suspends Proceedings During Shutdown

    The U.S. Department of Labor's Office of Administrative Law Judges said it has canceled proceedings, tolled deadlines and halted filings while the agency is closed because of the federal government shutdown.

  • October 02, 2025

    Agency Ex-Exec Says He Was Misled About CEO Agreement

    A former executive at a company providing assistance to people with intellectual disabilities and autism claimed in a lawsuit that he was misled over whether he was officially promoted, even as the company held him out to state regulators and banks as the chief executive officer.

  • October 02, 2025

    DOL Wants Full 3rd Circ. To Eye H-2A Enforcement Ruling

    The Department of Labor has argued that a New Jersey farm's alleged violations of the H-2A visa program didn't involve private rights as it urged the full Third Circuit to flip a panel's decision that the department couldn't use in-house administrative proceedings to impose fines.

  • October 01, 2025

    Conn. Servers Defend Asking Judge To DQ From Wage Case

    A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.

  • October 01, 2025

    LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims

    The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.

  • October 01, 2025

    Texas Recovery Biz Fails To Pay Legal Wages, Suit Says

    Participants of several Texas-based recovery programs for addiction and other problems routinely work 40 or more hours per week at commercial facilities including a farm and sawmill, but receive only low-value "points" for their labor instead of lawful wages, according to a proposed collective and class action filed in federal court.

  • October 01, 2025

    Travel Nurses Snag Cert. For Some Classes In OT Suit

    A Colorado federal judge signed off on three classes of travel nurses in California, New York and New Jersey accusing two staffing agencies of unpaid overtime, but turned down their bid for an overtime class in Oregon and bait-and-switch classes.

  • October 01, 2025

    Ill. AG Backs Workers In Amazon COVID Screenings Fight

    The Illinois attorney general backed two workers claiming Amazon owes them for the time they spent on COVID-19 screenings, arguing to the state's Supreme Court that Illinois wage law is more expansive than the Fair Labor Standards Act and includes no exception for preliminary and postliminary activities. 

Expert Analysis

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.