Wage & Hour

  • June 17, 2025

    Cleaning Workers' $1M Wage Dispute Deal Gets Initial OK

    A California federal court gave the initial sign-off Monday on a nearly $1 million deal to resolve a long-running wage and hour class action against business services companies MM 879 Inc. and Barret Business Services Inc. that paid a visit to the Ninth Circuit.

  • June 17, 2025

    Waldorf Astoria Resort Can't Trim Spa Workers' Wage Suit

    Spa workers accusing a Waldorf Astoria resort of misclassifying them as independent contractors adequately supported their claims for unpaid wages, unjust enrichment and retaliation, a Hawaii federal judge ruled, turning down the resort's bid to trim the suit.

  • June 17, 2025

    PepsiCo Makes Workers Undercount Hours, PAGA Suit Says

    PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.

  • June 16, 2025

    Steakhouse Wants Class Unraveled In Tip Credit Suit

    A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.

  • June 16, 2025

    Meta, Shutterstock Say Ex-Worker Must Arbitrate Pay Bias Suit

    A former Giphy engineer should arbitrate her lawsuit claiming Meta, and later Shutterstock, paid her less than male colleagues when they took over the online GIF database, the tech companies told a New York federal court, arguing she can't avoid an agreement she signed when Meta began its acquisition.

  • June 16, 2025

    Former DOJ Worker's Disability Bias Suit Trimmed In Texas

    A Texas federal judge has cut out several claims, including those alleging a hostile work environment, from a former Department of Justice human resources employee's lawsuit, leaving intact only claims for retaliation and disability discrimination relating to the termination of her employment.

  • June 16, 2025

    X Workers Say Musk Personally Liable In Severance Spat

    Elon Musk should be held personally liable for workers' unpaid severance benefits claims, the former X Corp. employees told a Delaware federal court, saying he retained so much control over the social media company that the company alone cannot be at fault.

  • June 16, 2025

    Delta Denied OT To Worker Juggling 2 Roles, Court Told

    Delta Air Lines and a staffing firm failed to pay a worker overtime wages despite expecting her to fulfill the duties of two full-time positions and work more than 40 hours per week, she said in a complaint in Georgia federal court.

  • June 13, 2025

    Fired CSX Worker Says FMLA Claims Are Timely

    A former CSX Transportation Inc. employee's suit claiming he was fired for taking leave under the Family and Medical Leave Act were on pause while a similar class action was being litigated, he told a Florida federal judge Friday, urging the court to reject the transport company's dismissal bid.

  • June 13, 2025

    Calif. Meal-Break Waiver Debate Could Head To State Justices

    The California Supreme Court could soon weigh in on the enforceability of prospective waivers from state meal-break requirements, addressing an issue that divides the state’s employment bar. Here, Law360 explores the issue.

  • June 13, 2025

    NY Forecast: 2nd Circ. Weighs FedEx Driver's Bias Suit

    This week, the Second Circuit will consider a former FedEx employee's attempt to revive his lawsuit claiming he was fired in retaliation for complaining about rampant harassment that management at the company did nothing to address. Here, Law360 looks at this and other cases on the docket in New York.

  • June 13, 2025

    Groups Tell 8th Circ. Minn. Misclassification Law Harms Them

    Trade groups urged the Eighth Circuit to overturn an order declining to block a Minnesota law from taking effect that slaps steep fines on companies that misclassify construction workers as independent contractors, saying they have standing to sue because their members will be harmed by the statute.

  • June 13, 2025

    White House Stands By Biden-Era Construction Labor Rule

    The Trump administration clarified that federal agencies should still use project labor agreements on large federal construction projects, weeks after a court vacated two agencies' directives that purported to eliminate this requirement.

  • June 13, 2025

    Trucking Co. To Pay $480K To End Unpaid OT Suit

    A trucking company agreed to pay $480,000 to resolve drivers' collective action alleging they were paid on a "per-ton" basis that ignored any hours they put in over 40 per week, a filing in Kentucky federal court said.

  • June 13, 2025

    Calif. Forecast: Court Weighs Blocking Trump Bargaining EO

    In the coming week, attorneys should watch for a potential ruling in an attempt by six unions to temporarily block President Donald Trump's executive order that would prohibit collective bargaining agreements at certain federal agencies. Here's a look at that case and other labor and employment matters on deck in California.

  • June 13, 2025

    Chili's Worker Says Bankruptcy Does Not Doom Wage Suit

    A former Chili's employee's wage and hour lawsuit against the chain's parent company should stay in play, the worker told a California federal court, saying his failure to list the case in his individual bankruptcy proceedings does not mean his case has to be thrown out.

  • June 13, 2025

    NJ Law Firm Accused Of Retaliation Over Maternity Leave

    New Jersey law firm Ragan & Ragan PC is facing a discrimination suit filed by its former collections manager in state court, alleging that the firm and its name partner engaged in a "calculated and malicious campaign of retaliation" against her for taking maternity leave.

  • June 13, 2025

    Ex-Labor Secretary Perez, Now At Mayer Brown, Looks Back

    After joining Mayer Brown last month, former Labor Secretary Tom Perez talked with Law360 Pulse about his latest career move, his efforts to help expand and enforce hate crime laws, and his work for President Joe Biden to promote the Infrastructure Investment and Jobs Act.

  • June 12, 2025

    Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims

    An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.

  • June 12, 2025

    Minimum Wage Efforts Reach A Crossroads

    Efforts to increase minimum wage by industry or by doing away with subminimum tipped wages are coming up against an economy in flux and the proliferation of automation and artificial intelligence — placing low-wage workers in a precarious position despite these gains, attorneys say.

  • June 12, 2025

    Shoe Co. Fails To Pay Overtime, Store Managers Say

    A shoe retailer requires store managers to put in work outside of the store handling staffing and operations matters on top of the 40 hours of work they put in each week at the store, a proposed collective action filed in North Carolina federal court said.

  • June 12, 2025

    Grievance Backlog Not Only Exxon's Fault, NLRB Judge Says

    A National Labor Relations Board judge cleared Exxon Mobil of claims that it mishandled a hefty backlog of grievances, but found the company ducked its obligation to bargain before ending manager fill-in pay for some workers and changing its performance assessments.

  • June 12, 2025

    Unifi Aviation Sued For Firing Ga. Worker After FMLA Approval

    The largest aviation ground handling service in North America has been sued in Georgia federal court by a woman who alleges she was pressured to speak with a male manager about her reproductive issues after requesting medical leave, then fired once that leave was approved.

  • June 12, 2025

    9th Circ. Says Calif. Workers Can Intervene In $10M CVS Deal

    Two workers can intervene in a case that reached a $10 million proposed settlement to end wage claims against CVS, a divided Ninth Circuit panel said, ruling that the duo asked to weigh in on time and have a significant interest in some claims the deal solves.

  • June 12, 2025

    Labor Group Backs Minn. Misclassification Law At 8th Circ.

    The Eighth Circuit should affirm an order declining to temporarily block a Minnesota law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, a labor organization said, because workers' wages will continue to be eroded without the statute.

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.