Wage & Hour

  • June 25, 2025

    Foxwoods Restaurant Wage Suit Deal Gets Initial Nod

    A Connecticut state court judge has given her preliminary approval to a $425,000 settlement between Sugar Factory American Brasserie, a restaurant at the Mashantucket Pequot Tribal Nation's Foxwoods Resort Casino, and a class of 55 servers who claim their pay was shorted for several years.

  • June 25, 2025

    Curaleaf Says Class Cert. Wrong For Budtenders' Tips Suit

    Curaleaf Inc. is urging a Maryland federal court to deny conditional class certification to a class of budtenders who allege the company illegally shares tips with store leads, arguing that they haven't shown any common policy or practice among its dispensaries that warrants class treatment.

  • June 25, 2025

    Hanford Contractor To Pay $6.5M To Settle Fraud Allegations

    A contractor tapped to manage and operate a tank farm holding millions of gallons of hazardous and radioactive waste at the Hanford nuclear site in Washington will pay $6.5 million to settle claims it overcharged the U.S. Department of Energy for labor hours, according to federal prosecutors.

  • June 25, 2025

    Fed. Circ. Backs Navy's Win In OT Pay Contract Dispute

    The Federal Circuit declined Wednesday to reverse a decision finding a government contractor is not owed money for the cost of paying out overtime wages it incurred from trying to meet a U.S. Navy deadline, saying the company's failure to finish the project on time was not excusable.

  • June 24, 2025

    X Corp. Fights Ex-Twitter Workers' Arbitration Bid

    X Corp. challenged a request from former Twitter employees in Washington state to make the social media giant arbitrate claims about unpaid severance and bonuses, telling a federal judge that there is a lack of evidence showing the workers have valid arbitration agreements with the company.

  • June 24, 2025

    4 State W&H Laws That Moved The Needle So Far In 2025

    In the first half of 2025, states tackled the litigation consequences of some statutes and continued the trend of developing employment laws that go far beyond the federal floor. Here, Law360 highlights four state law developments that stirred debate.

  • June 24, 2025

    Bloomberg 2020 Staffers Say Campaign Broke Pay Pledge

    Former workers on Michael Bloomberg's 2020 presidential campaign said in a proposed class action filed in Massachusetts state court Tuesday that the media magnate and former New York City mayor reneged on a promise to keep them on the payroll through the general election.

  • June 24, 2025

    Food Co. Escapes Workers' Wage Theft Suit

    Two former employees brought their lawsuit accusing a food services company of using a faulty timekeeping system that shortchanged their wages too late, a New Jersey federal judge ruled, granting the company's bid to throw out the proposed class action.

  • June 24, 2025

    ByteDance Can't Arbitrate Pay Bias Suit, Calif. Court Says

    A California state appellate court has rejected TikTok parent ByteDance Inc.'s bid to make a former employee arbitrate pay discrimination claims against it, saying that an underlying arbitration agreement was unenforceable for requiring her to arbitrate claims while preserving all the Chinese internet technology company's rights and remedies.

  • June 24, 2025

    Worker Surveilled By Township Loses FMLA Suit At 6th Circ.

    The Sixth Circuit refused Tuesday to revive a suit from a highway department worker who claimed he was fired for taking medical leave, saying an Ohio township's position that a private investigator saw him doing construction work put the termination on solid ground.

  • June 24, 2025

    Home Care Co. Can't Unravel Class In Workers' Wage Suit

    A home care company cannot get a pretrial win in workers' lawsuit accusing it of underpaying their overtime wages and issuing the extra pay late, a New York federal judge ruled, nor can the company decertify a 1,100-member class.

  • June 24, 2025

    Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit

    A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.

  • June 24, 2025

    Pot Dispatcher Can't Upend Co-Worker's $400K Wage Deal

    A California appeals court has upheld a $400,000 wage-and-hour settlement between a cannabis delivery driver and The Highest Craft LLC, finding that a dispatcher whose claims are also covered under the settlement failed to show the deal was unfair or insufficiently investigated.

  • June 24, 2025

    Prior Salaries Not An Excuse For Gender Pay Gap, Vet Says

    An animal health company's argument that paying a female veterinary pathologist less than her male counterparts was not motivated by bias because the employer matched incoming male workers' prior salaries is not an adequate defense, she told a New Jersey federal court.

  • June 23, 2025

    Kardashian Chef Offered Adderall Instead Of Breaks, Suit Says

    A chef who works with celebrities including the Kardashian family refused to pay overtime despite requiring employees to work 12-hour days and offered Adderall instead of breaks if workers complained they were tired, a former assistant told a California state court.

  • June 23, 2025

    DOL Suspends Biden-Era H-2A Farmworker Protection Rule

    The U.S. Department of Labor has put a Biden-era regulation protecting union-related activities for agricultural workers on seasonal H-2A visas on ice while litigation over the rule continues and the agency considers new rulemaking.

  • June 23, 2025

    IT Workers Get Collective Status In Unpaid OT Suit

    A lawsuit accusing a title insurance company of improperly classifying information technology workers as exempt from earning overtime can proceed as a collective, a Delaware federal judge ruled Monday.

  • June 23, 2025

    EEOC Accuses Restaurant Of Sex Harassment, Pay Bias

    The owner of a Missouri restaurant repeatedly made lewd comments to a female manager, paid her less than a male colleague and punished her when she tried to ignore his advances, the U.S. Equal Employment Opportunity Commission alleged in federal court.

  • June 23, 2025

    Chili's Says Worker's Bankruptcy Omission Dooms Wage Suit

    A former Chili's employee should have his wage and hour action against the chain's parent company tossed because the case wasn't listed among his assets in bankruptcy court, the company argued, saying he knew he was supposed to divulge this information and still failed to do so.

  • June 23, 2025

    Justices Won't Hear Kosher Worker's OT Exemption Case

    The U.S. Supreme Court declined Monday to review a ruling that an Orthodox Jewish organization is immune from a worker's overtime claims because he falls under the First Amendment's ministerial exception.

  • June 20, 2025

    Gutter Co. Accused Of Misclassifying Workers To Dodge OT

    LeafFilter is facing a proposed class action in Colorado federal court from a former employee claiming the gutter protection manufacturer misclassified workers as independent contractors to avoid paying overtime.

  • June 20, 2025

    3 New Jersey Wage-Hour Updates To Watch

    New Jersey’s new pay transparency requirements and proposed changes to an independent contractor classification test and temporary-worker protections demonstrate how the state remains a hot spot for wage and hour activity. Here, Law360 explores three developments to watch.

  • June 20, 2025

    NY Forecast: Judge Weighs Toss Of Doctor's Retaliation Suit

    In the coming week, a New York federal judge will consider a medical clinic's motion to dismiss a lawsuit brought by a former physician who claims he had his bonus withheld and was fired for complaining about conditions and practices at the clinic. Here, Law360 looks at this and other cases on the docket in New York.

  • June 20, 2025

    Honda Requires Off-Clock Work, Production Associate Says

    A Honda manufacturing unit mandates that employees show up to work about 30 minutes before their shifts officially start to put on protective gear and walk to their workstations but does not pay them for these tasks, a proposed class and collective action filed in Ohio federal court said.

  • June 20, 2025

    Crew Member Says HBO Pays Late, Fails To Provide Breaks

    Crew members working for HBO and a production company were paid several days late and were often required to work through their meal and rest breaks, a Private Attorneys General Act lawsuit filed in California state court said.

Expert Analysis

  • 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.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.