Wage & Hour

  • July 18, 2025

    1 Year Later: FLSA Ruling ON NCAA Athletes Was 'Bunker Hill'

    Student athletes' employee status as athletes is slugging along in a lower court, but the Third Circuit's opinion opening the door to coverage under the Fair Labor Standards Act continues to reverberate a year later and shows how wage and hour law needs to evolve, attorneys say.

  • July 18, 2025

    Court Finds Mich. Law Applies To CBAs Silent On Sick Time

    A state court found that a Michigan sick leave law applies to workers and employers covered under collective bargaining agreements that don't mention earned sick time, rejecting an electrical construction industry group's constitutional claims and federal labor law preemption challenge to the statute.

  • July 18, 2025

    Ga. School District Fails To Pay Proper OT, Workers Say

    A Georgia county school district withheld overtime pay from its school resource and campus security officers and pays them at "irregular intervals," the workers allege in a new suit in federal court.

  • July 18, 2025

    Nurses Seek Class Cert. In Colo. Holiday Wage Suit

    A group of nurses asked a Colorado federal court Thursday to certify the proposed class in their suit alleging a healthcare company didn't properly pay holiday overtime wages.

  • July 18, 2025

    Ex-Worker Says Beet Sugar Co. Should Face Wage Suit

    A former machine operator accusing a beet sugar processing company of skimping on his overtime wages and work-related reimbursement costs told a California federal court that the company should have to face his lawsuit. 

  • July 18, 2025

    Midyear Review: Labor And Employment Trends Shaping 2025

    The first half of 2025 saw a shifting labor and employment law landscape that set the stage for a potentially transformative second half of the year. Will a restored quorum jump-start the EEOC? Could the Fair Labor Standards Act be updated to better address remote work? What's next for National Labor Relations Board member Gwynne Wilcox's challenge to her unprecedented removal?

  • July 18, 2025

    4th Circ. Backs $9M Classification Ruling Against Staffing Co.

    A split Fourth Circuit panel will not scrap a $9 million judgment against a medical staffing company that the U.S. Department of Labor won in a suit alleging the company misclassified more than 1,000 nurses.

  • July 18, 2025

    Dunkin' Worker Alleges AI Tip Inquiry Got Her Fired

    A Dunkin' franchise supervisor fired a Connecticut worker who asked when tips were distributed after accusing the employee of raising questions based on inaccurate artificial intelligence search results that did not take company policy into account, the worker alleged in a lawsuit.

  • July 18, 2025

    Pillsbury Atty Fights Sanctions In Nurse Wage-Fixing Case

    A partner with Pillsbury Winthrop Shaw Pittman LLP told a Nevada federal court he should not be sanctioned for using a poor choice of words when communicating with the government about the availability of an expert witness during a wage-fixing and wire fraud trial.

  • July 18, 2025

    NY Forecast: Judge Weighs Scope Of Job Corps Cuts Block

    In the coming week, a New York federal judge will hear arguments over how a recent U.S. Supreme Court decision limiting the use of universal injunctions might impact an order blocking the U.S. Department of Labor from suspending the Job Corps program.

  • July 18, 2025

    Equity Firm Settles Former Executive's Gender, Age Bias Suit

    A private equity firm has agreed to settle and close a former executive's suit alleging she was passed over for promotions and paid less than younger men out of bias, and eventually fired for complaining about it, according to a filing Friday in Connecticut federal court.

  • July 18, 2025

    Insurance Co. Can Bring Worker's Wage Claims To Arbitration

    An Illinois federal magistrate judge agreed to send a customer service representative's proposed wage and hour class and collective action to arbitration, finding that the worker's arbitration agreement with a staffing company applied to her claims against the insurance company she's suing.

  • July 18, 2025

    Calif. Pot Workers Sue Farm For $1.25M Over Wage Theft

    A group of cannabis trimmers who are citizens of Colombia, Argentina and Spain have sued cultivator Honeydew Farms LLC and its owners in federal court on Thursday, alleging they were not paid the wages promised because the owners believe the foreign-born workers would not be protected by state or federal law.

  • July 17, 2025

    FedEx Must Face Drivers' OT Suit After Sanctions Bid Fails

    A Massachusetts federal judge on Thursday denied FedEx's motion for sanctions seeking to dismiss one of several overtime lawsuits filed on behalf of drivers who worked for the shipping giant through intermediary employers, rejecting the company's assertion that the litigation seeks to "harass FedEx into settlement."

  • July 17, 2025

    Mo. Paid Leave Rollback Shows Wage Ballot Measure Limits

    Missouri's repeal of a paid sick leave requirement and parts of a minimum wage increase that stemmed from a ballot measure demonstrate the constraints of such initiatives.

  • July 17, 2025

    Mortgage Cos.' Wage Deal OK'd Without Waiver Language

    A settlement resolving an overtime suit by former mortgage company workers will move forward, but without language saying the company's owners and its successor waived certain defenses against a former co-owner in his separate New Jersey state court case, a federal judge ruled.

  • July 17, 2025

    Healthcare Co.'s Revised $120K Wage Deal Gets Green Light

    A Connecticut-based healthcare company and its workers can move forward with their second attempt at a wage and hour settlement agreement, a Connecticut federal judge has ruled, finding that the new terms fix concerns he raised over the release of claims when rejecting the initial deal.

  • July 17, 2025

    Colo. Judge Tosses Fertilizer Workers' 'Vague' Wage Suit

    A composting company and its owner can exit an overtime suit brought by two former employees, a Colorado federal magistrate judge has ruled, finding that the ex-workers didn't bring enough evidence to back their claims.

  • July 17, 2025

    Calif. Supreme Court Won't Look At Meal-Break Waivers

    The California Supreme Court declined to weigh in on a case in which veterinarians claimed that the prospective waivers from state meal-break requirements that an operator of veterinary hospitals rolled out were illegal, leaving undisturbed a panel's decision in favor of the hospitals.

  • July 17, 2025

    Food Workers Union Seeks To Enforce PTO Arbitration Award

    A food company is flouting an arbitration award that required it to apply a new policy on paid time off, a union representing grocery and food workers said, urging a Minnesota federal court to enforce the award.

  • July 16, 2025

    Bojangles Managers Ask To Redo Cert. After 4th Circ. Setback

    Managers at the fast-food chain Bojangles asked a North Carolina federal judge Wednesday to certify more than a dozen subclasses in their wage and hour case, arguing that there's still a path forward after the Fourth Circuit sent them back to the drawing board on certification.

  • July 16, 2025

    Mass. Judges To Mull Dismissals Amid Defender Pay Standoff

    Nearly two months after many court-appointed attorneys in Massachusetts stopped accepting new cases over what they say is poor pay, a solution still appears elusive, even as judges will soon start hearing motions to dismiss cases under an emergency order issued by a state high court justice.

  • July 16, 2025

    Flowers Foods Pushes Justices To Take Up Arbitration Case

    Flowers Foods pressed the U.S. Supreme Court on Wednesday to take up a case in which the Tenth Circuit decided to keep a distributor's overtime suit out of arbitration, urging the justices to cure a deep circuit split once and for all.

  • July 16, 2025

    Cracker Barrel, Workers Want Full 9th Circ. To Mull Wage Row

    Cracker Barrel servers urged the full Ninth Circuit to reconsider a panel's decision limiting the collective in their wage suit to workers from Arizona, where the case originated, while the company separately requested a rehearing on the grounds that the first step of the collective certification process is improper.

  • July 16, 2025

    WK Kellogg, Kellanova Settle Overtime Suit For $1.5M

    WK Kellogg Co. and Kellanova will pay almost $1.5 million to settle claims that workers didn't receive accurate overtime pay and weren't compensated for preshift COVID-19 temperature checks and other off-the-clock activities, according to Michigan federal court filings.

Expert Analysis

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.