Wage & Hour

  • September 16, 2025

    Detainees Urge Justices To Ax Early Appeal In GEO Wage Row

    Immigrant detainees urged the U.S. Supreme Court to reject GEO Group's bid for a ruling allowing government contractors to promptly challenge adverse rulings on derivative sovereign immunity, saying it would "dramatically expand" the number of nonfinal judgments that can be immediately appealed.

  • September 16, 2025

    Colo. Justices Say Min. Wage Claims Have Shorter Deadline

    The Colorado Supreme Court ruled that the shorter statute of limitations under the state's Wage Claim Act applies to the Colorado Minimum Wage Act, finding the acts should be construed together because they share the common purpose of recovering unpaid wages.

  • September 16, 2025

    Airline Staffing Co. Must Face Most Of Breastfeeding Bias Suit

    A company providing staff and support to airlines at Pittsburgh International Airport must face most of a former agent's claims it retaliated against her for seeking time to pump breast milk at work, a Pennsylvania federal judge ruled Monday.

  • September 16, 2025

    ​​​​​​​8th Circ. Questions Minn. Contractor Law's Vagueness

    The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.

  • September 16, 2025

    Media Co. Told Employees To Falsify Breaks, Worker Says

    A California media company pressured employees to falsely record breaks and fired those who complained about wage and hour violations or sought a raise, a former production coordinator claimed in a suit filed in state court.

  • September 15, 2025

    Calif. Court Issues AI Hallucinations 'Warning,' Sanctions Atty

    A California appeals court has issued a published opinion "as a warning" to Golden State attorneys to personally review case law quotations made by generative artificial intelligence, and imposed a $10,000 monetary sanction on plaintiff's counsel in an otherwise straightforward appeal in an employment case.

  • September 15, 2025

    3rd Circ. Unsure When Uber Wage Case Hits Dead End

    A Third Circuit panel on Monday questioned at what point a judge is permitted to declare that a case can't be resolved, as it considered a bid by Uber drivers to revive employment misclassification claims that already resulted in two deadlocked juries.   

  • September 15, 2025

    House Panel To Consider Retirement, Tribal Workforce Bills

    A House panel announced plans Monday to advance several workforce and retirement-related bills later this week, including legislation that would require new reporting from the U.S. Department of Labor's employee benefits arm on information-sharing agreements and a bill to exempt tribal governments from federal wage laws.

  • September 15, 2025

    Steakhouse Servers Say Conn. Judge Did Defense's Job

    Counsel for a class of servers at a steakhouse at the Foxwoods Resort Casino in Connecticut made good on his promise to seek recusal or disqualification of the judge slated to oversee an upcoming trial, arguing in a motion Friday that Superior Court Judge Elizabeth J. Stewart had improperly made part of the defense's case for it.

  • September 15, 2025

    Tesla Favors Foreign Workers Over US Citizens, Court Told

    Tesla discriminates against American workers by giving a leg up to H-1B visa holders whom the company underpays, according to a suit brought in California federal court by two U.S. citizens who said they unsuccessfully sought jobs at the electric vehicle maker.

  • September 15, 2025

    Disney Workers Get Final OK On $43M Gender Bias Deal

    A California judge granted final approval Monday of Disney's $43.25 million class action settlement with over 15,000 female midlevel managers over allegations the entertainment giant paid them less than their male colleagues.

  • September 15, 2025

    Cozen O'Connor Picks Up 2 Jackson Lewis Attys In Philly

    Cozen O'Connor is expanding its employment law resources in Philadelphia with the additions of two attorneys who have moved their practices from Jackson Lewis PC.

  • September 15, 2025

    Clothing Brand's No-Overtime Policy Flouts FLSA, Court Told

    A clothing brand failed to pay its employees for the off-the-clock work that they performed and imposed a policy of no overtime that led to unpaid wages, a former retention specialist claimed in a proposed class and collective action in California federal court.

  • September 15, 2025

    W&H High Court Petitions To Watch This Term

    This U.S. Supreme Court season may include cases that address the contours of a Federal Arbitration Act exemption, whether requiring federal contractors to pay immigrant detainees minimum wage discriminates against the federal government and the procedural intricacies of collective actions under the Fair Labor Standards Act. Here, Law360 explores the issues at stake in these three cases that the high court will consider.

  • September 15, 2025

    United Pay Structure Led To Late Pay, Flight Attendant Says

    United Airlines' pay structure flouted New Jersey wage law because it failed to pay flight attendants on time, a former employee of the airline told a federal court in a proposed class action.

  • September 12, 2025

    DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks

    The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.

  • September 12, 2025

    Builders Urge 11th Circ. To Block Biden's EO Labor Mandate

    An association of builders on Friday urged the Eleventh Circuit to block a Biden administration executive order requiring labor agreements for all federal contracts exceeding $35 million, arguing the order will cause irreparable harm by increasing costs and reducing competition in the construction industry. 

  • September 12, 2025

    3rd Circ. Backs Philly School In Worker's COVID Leave Suit

    A former Philadelphia school employee resigned rather than being fired, the Third Circuit said Friday, affirming a federal court decision tossing his suit claiming he was discriminated against for refusing to get the coronavirus vaccine because of his religious beliefs.

  • September 12, 2025

    New Orleans Fired Director For Reporting Fraud, Suit Says

    The city of New Orleans fired a workforce director out of retaliation for repeatedly raising concerns that employees were committing payroll fraud and misappropriating cash from a COVID-19 federal aid package, according to her suit filed in Louisiana federal court.

  • September 12, 2025

    8th Circ. To Weigh Minn. Classification Challenge

    Minnesota trade groups are expected to argue at the Eighth Circuit that a state construction industry misclassification law is too vague, while the state is expected to argue that the trade groups lack standing to challenge the law.

  • September 12, 2025

    Va. City Attorney Tells 4th Circ. He's Immune From FMLA Suit

    A Virginia federal judge erred by allowing a Family and Medical Leave Act suit against a municipal attorney to head to trial, the attorney said Friday, asking the Fourth Circuit to hold that he is immune from suit.

  • September 12, 2025

    Conn. Supreme Court Snapshot: Amazon Wages Top Sept.

    A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.

  • September 12, 2025

    Cos. Ask Conn. Court To Pause Trial For Steakhouse Workers

    An upcoming trial over unpaid wages against a steakhouse at the Foxwoods Resort Casino in Connecticut should be put on hold after the attorney representing a class of tipped servers accused a judge of bias, a group of companies told a state court.

  • September 12, 2025

    Calif. Forecast: Google Wants Worker-Protesters' Suit Tossed

    In the coming week, attorneys should watch for a dismissal bid hearing in a proposed discrimination class action against Google by a group of former employees who staged protests. Here's a look at that case and other labor and employment matters on deck in California.

  • September 11, 2025

    Colo. Judge Says $1.5M Damages Request May Be 'Piling On'

    A Colorado federal judge was skeptical Thursday to award a $1.5 million default judgment against the owner of a now-defunct metal fabrication and construction company who was accused by former employees in a class action of failing to pay wages in the months before the business filed for bankruptcy.

Expert Analysis

  • 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.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.