Wage & Hour

  • July 23, 2025

    4th Circ. Backs Walmart In Pregnancy Bias, Retaliation Case

    The Fourth Circuit declined to revive a suit from a worker who said Walmart failed to accommodate her pregnancy and fired her for complaining about it, ruling her claims were either filed too late or lacked evidence that bias — not poor attendance — triggered her termination.

  • July 23, 2025

    NYC Gig Driver Pay Increases While Contractor Status Stays

    New York City ride-hail drivers will soon see a higher mandatory per-trip payment standard, a move attorneys say demonstrates that worker protections are possible while maintaining independent contractor status but leaves drivers short of all the benefits they would get as employees. Here, Law360 explores the issue.

  • July 23, 2025

    DLA Piper Employment Atty Jumps To Davis Wright In LA

    Davis Wright Tremaine LLP is expanding its employment law team, announcing this week that it has brought in a DLA Piper litigator as a partner in its Los Angeles office.

  • July 23, 2025

    Cleaning Services Co. Flouted Wage Laws, Janitor Tells Court

    A cleaning services company failed to pay overtime owed to janitors it employed to work at Amazon facilities, a former employee said in a proposed class action in Pennsylvania federal court.

  • July 22, 2025

    4 Illinois Bills That Employment Attys Should Keep An Eye On

    Several pieces of legislation that would expand protections for workers are awaiting Illinois Gov. JB Pritzker's signature. Here, experts discuss four bills that should be on employment lawyers' radar.

  • July 22, 2025

    Charter Says Worker's OT Suit Lacks Details

    A worker's proposed collective action accusing Charter Communications of not paying employees for all their hours doesn't have "a scintilla" of evidence that the cable giant had a companywide policy of cheating employees out of pay, Charter told a New York federal court.

  • July 22, 2025

    House Panel Knocks EBSA Sharing Info With Workers' Attys

    House lawmakers on Tuesday criticized the U.S. Department of Labor's employee benefits subagency for sharing information from enforcement investigations with plaintiffs attorneys representing benefit plan participants, with some lawmakers calling on Congress to pass new legislation to curb the practice.

  • July 22, 2025

    Ex-Mich. Players Say Ohio Ruling Can't Sink $50M NIL Suit

    Former University of Michigan football players have told the court the NCAA and the Big Ten Conference cannot use a similar case in Ohio to escape the players' antitrust suit accusing the defendants of monopolizing profits and depriving athletes of their fair share.

  • July 22, 2025

    Wage & Hour State And City Roundup

    The New York City Council extended pay protections to grocery delivery workers, and Missouri rolled back minimum wage and paid leave protections. Here, Law360 looks at these and other recent state and local wage and hour developments across the country.

  • July 22, 2025

    Colo. Ballot Proposal Seeks Tax Break For Overtime, Tips

    Colorado would exempt overtime and tipped income from state taxation under a proposed 2026 ballot measure reviewed Tuesday by state officials.

  • July 22, 2025

    Transportation Cases To Watch: Midyear Report 2025

    Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.

  • July 22, 2025

    9th Circ. Revives OT Suit Against Vegas Injury Firm

    The Ninth Circuit revived a suit accusing a Las Vegas personal injury law firm of not paying a paralegal for her overtime, partially flipping a Nevada federal court's decision that there wasn't enough evidence to support the claims.

  • July 22, 2025

    Former Detroit Tigers Employee Drops Overtime Suit

    A former Detroit Tigers employee agreed to end his suit in Michigan federal court claiming that the Major League Baseball team left shift premiums and bonuses out of employees' regular rates when it calculated their overtime.

  • July 21, 2025

    Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial

    A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.

  • July 21, 2025

    Walgreens Accused Of Failing To Provide Meal, Rest Breaks

    Walgreens flouted Washington state law and Seattle's wage theft ordinance by failing to provide employees with meal and rest breaks and then automatically deducting time for breaks that workers never took, a former pharmacy employee said in a proposed class action in federal court.

  • July 21, 2025

    Amazon, Amplio Can Arbitrate Drivers' OT Suit, Judge Says

    Amazon and Amplio can arbitrate a proposed wage-and-hour class action filed by two former delivery drivers, a California federal judge said Friday, finding the state law barring employers from requiring workers to waive rights for labor code violations as a job condition doesn't preclude the companies from enforcing arbitration agreements. 

  • July 21, 2025

    HealthOne Faces Class Action From Nurses Over Missed Breaks

    A group of nurses filed a proposed class action in Colorado state court Friday claiming that HealthOne violated state employment laws by failing to ensure employees took 30-minute meal breaks during their shifts.

  • July 21, 2025

    Xerox Strikes $9.1M Deal To End 13-Year-Long Wage Case

    Xerox agreed to pay $9.1 million to end a 13-year-long wage lawsuit that went to the Ninth Circuit and the Washington Supreme Court, according to a federal court filing by more than 5,700 call center workers who accused the company of violating the Evergreen State's minimum wage law.

  • July 21, 2025

    Cozen O'Connor Lands Employment Atty From Jackson Lewis

    A Pittsburgh attorney with more than two decades of experience counseling clients on employment matters could not pass up the opportunity to move her practice to Cozen O'Connor after more than 12 years with Jackson Lewis and take advantage of the full-service firm's resources.

  • July 21, 2025

    NY Cleaners Seek $30K In Atty Fees, Costs In Wage Suit Deal

    Cleaners who reached a $75,000 deal to end their suit accusing a real estate investment company and its subsidiary of unpaid wages told a New York federal court their attorneys should receive nearly $30,000 in fees and expenses.

  • July 21, 2025

    ADP Consultant Says Co. Owes Her For OT, Expenses

    A life cycle consultant said that ADP misclassified her as overtime-exempt for about one year, telling a New Jersey federal court that the company also failed to reimburse her for business expenses. 

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    MSPB Certifies Class Of DOI Workers Fired Under Trump

    The Merit Systems Protection Board approved a class of probationary employees who claim the U.S. Department of the Interior unlawfully terminated them under the Trump administration, saying proceeding as a class is the most efficient way to move the case forward.

  • July 18, 2025

    Kaiser's $11M Class Meal Break Deal Gets Final OK In Wash.

    A Washington state judge gave the final green light on Friday to a nearly $11 million class deal to end claims that Kaiser Permanente shortchanged Evergreen State employees who worked through their meal breaks, while also awarding class counsel $3.6 million in legal fees from the settlement fund.

  • July 18, 2025

    Ohio State, NCAA, Big Ten Beat Ex-QB's NIL Suit

    Ohio State University, the NCAA, the Big Ten Conference Inc. and a media rights licensing company have dodged an antitrust suit from former Buckeye star quarterback Terrelle Pryor alleging they monopolized profits on athletes' names, images and likenesses while denying them compensation.

Expert Analysis

  • Int'l Athletes' Wages Should Be On-Campus Employment

    Author Photo

    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

  • 4 Trends Responsible For Declining FLSA Filings

    Author Photo

    In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

    Author Photo

    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

    Author Photo

    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

    Author Photo

    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • A Closer Look At Amendments To Virginia Noncompete Ban

    Author Photo

    Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.

  • Maximizing Employer Defenses After Calif. Meal Waiver Ruling

    Author Photo

    A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.

  • Independent Contractor Rule Up In The Air Under New DOL

    Author Photo

    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

    Author Photo

    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

    Author Photo

    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • What The Minimum Wage Shift Means For Gov't Contractors

    Author Photo

    While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.

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

    Author Photo

    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

    Author Photo

    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.