Wage & Hour

  • October 27, 2025

    Houston Atty Rejoins Ogletree Deakins From In-House Role

    Management-side employment law firm Ogletree Deakins announced Monday that a Houston-based shareholder has returned to the firm after serving for more than a year as assistant general counsel to David Weekley Homes.

  • October 24, 2025

    X Corp. Says Ex-Twitter Workers' Bid Is Too Little, Too Late

    Elon Musk's X Corp. told a Delaware federal judge that six former Twitter workers' bid to revive their dismissed severance claims by raising fresh contract theories and stale arbitration testimony is "far too little, far too late."

  • October 24, 2025

    Ex-Walmart Worker Saves Most Of Off-The-Clock Suit

    A former Walmart food and consumables associate supported most of her suit that the retail giant failed to pay workers for all the time they worked, a California federal judge ruled, agreeing to dismiss rest period and Unfair Competition Law claims.

  • October 24, 2025

    9th Circ. Backs Amazon Win In Fired Exec's Gender Bias Suit

    The Ninth Circuit declined Friday to revive a former Amazon executive's suit claiming she was fired for complaining that a male colleague received better pay, ruling her complaint lacked evidence that prejudice infected the company's compensation and promotion decisions.

  • October 24, 2025

    3 Notable W&H Developments In October

    October has been full of developments in the wage and hour space, including the U.S. Supreme Court taking up a major arbitration case and the Third and Eleventh Circuits tackling fundamental Fair Labor Standards Act issues. Here, Law360 explores these developments.

  • October 24, 2025

    Conn. High Court Snapshot: Discipline Powers Top Docket

    When the Connecticut Supreme Court reconvenes Monday, it will consider two appeals with ramifications for the way attorneys are disciplined in the state and take up a wage case against Amazon that it previously punted due to a lawyer's family emergency.

  • October 24, 2025

    Minn. Misclassification Law Survives 8th Circ. Challenge

    A collection of trade groups failed to show that a Minnesota independent contractor classification law is unconstitutionally vague, an Eighth Circuit panel ruled Friday, affirming a district court's decision denying a bid to halt the law.

  • October 24, 2025

    Tribal Immunity Bars Breastfeeding Suit, 6th Circ. Affirms

    The Sixth Circuit backed the dismissal of a cook's suit alleging that a casino owned by a Native American community forced her to resign because she sought time to breastfeed her newborn, upholding the lower court's opinion that the casino's tribal ownership shields the business.

  • October 24, 2025

    Calif. Forecast: American Airlines Looks To Escape Bias Suit

    In the coming week, attorneys should watch for arguments regarding American Airlines' bid to dismiss a disability discrimination suit. Here's a look at that case and other labor and employment matters on deck in California.

  • October 24, 2025

    Law Firm Cleared Of Min. Wage, OT Claims In Paralegal's Suit

    A former paralegal at a Texas personal injury law firm has not proved that she was not paid minimum wage and also failed to show the firm knew she worked overtime, a jury concluded after a three-day trial in her misclassification suit.

  • October 23, 2025

    Sanctions Threats Mount For Atty Who Ignored Citation Order

    An attorney who ignored a show cause order earlier this summer after his co-counsel included a fake case citation in a filing for their then-client, a former in-house attorney for Workday Inc., told a San Francisco federal judge Thursday that his failure to respond was a "mistake," in response to a renewed show cause order.

  • October 23, 2025

    Ex-DOJ, WilmerHale Attys Latest To Join Democracy Forward

    Democracy Forward on Thursday announced the addition of four attorneys, including a former U.S. Department of Justice appellate leader and a longtime assistant U.S. attorney in Virginia.

  • October 23, 2025

    BofA Shorts Analysts On OT For Computer Starts, Court Told

    Bank of America cheats business analysts of overtime wages by failing to pay them for the time they spent booting up and down their computers before, during and after their shifts, a worker alleged Thursday in North Carolina federal court.

  • October 23, 2025

    Truckers Nab Class Cert. Only Against Trucking Co. President

    Contracts signed by proposed class members in a wage suit include arbitration and class-waiver provisions that reach a transportation company but do not extend to its president and founder, an Illinois federal judge found, partially granting two trackers' bid for class certification.

  • October 23, 2025

    Whole Foods Strikes Deal To End Calif. Pregnancy Bias Probe

    Grocery giant Whole Foods Market has struck a deal with the California Civil Rights Department to resolve a worker's allegations that she was illegally fired after seeking pregnancy-related accommodations, the agency announced Wednesday.

  • October 23, 2025

    Recruiter Wins Atty Fees In OT Suit, But Billable Hours Cut

    A former recruiter for a New York City private school won attorney fees and costs following a bench trial in her suit accusing the school and its director of not paying overtime, but a federal judge reduced her attorneys' billable hours.

  • October 22, 2025

    11th Circ. Clarifies 6-Factor Contractor Classification Test

    The Eleventh Circuit’s reversal of a lower court’s independent contractor classification ruling is a reminder that whether a worker has employee status depends more on an overall economic reality, rather than individual factors, attorneys said.

  • October 22, 2025

    Faster Deals Act Erodes 'Point' Of Union, Boeing Worker Says

    A bill intended to ease initial labor contracts by letting arbitration panels break stalemates between unions and employers would undermine the value of unions if workers don't get to vote on the resulting pact, a striking Boeing worker said Wednesday at a Senate labor committee hearing.

  • October 22, 2025

    Former Angi Sales Rep Drops Suit Alleging Unpaid Overtime

    A former sales representative for Angi Inc. told a Colorado federal court Wednesday that she agreed to dismiss without prejudice her suit claiming that the internet services company didn't pay for off-the-clock work.

  • October 22, 2025

    Retention Bonus Not Subject To Wage Act, Mass. Justices Say

    Massachusetts' highest court ruled on Wednesday that a retention bonus contingent on an employee's willingness to meet certain conditions is not a salary subject to a provision of the state's Wage Act requiring payment on the final day of employment.

  • October 22, 2025

    Amazon Gets Military Leave Suit Thrown Out, For Now

    A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.  

  • October 22, 2025

    $3.5M Wage Deal With Student Transit Cos. Halted Again

    A $3.5 million deal in a wage and hour suit against a student transportation company and related entities cannot move forward because the workers failed again to show that common issues predominate over individual ones and presented unsupported recovery calculations, a California federal judge ruled.

  • October 22, 2025

    Sales Workers At John Deere Retailer Snag Collective Cert.

    Sales workers of a John Deere retailer can pursue as a collective their claims that they were misclassified as overtime-exempt, a Georgia federal judge said Wednesday, granting their unchallenged bid for conditional certification.

  • October 21, 2025

    Experts Hope Supreme Court Will Offer Arbitration Bright Line

    The U.S. Supreme Court may finally settle whether last-mile drivers are part of interstate transportation and thus exempt from federal arbitration requirements, leaving experts wondering just how far the high court will go toward resolving an issue that continually bogs down litigation.

  • October 21, 2025

    Mitsubishi Electric Gets 1st Nod For $515K Wage Class Deal

    A $515,000 deal to settle a suit accusing Mitsubishi Electric Automotive America of only paying workers based on their scheduled shifts will go forward, an Ohio federal judge ruled, finding the settlement fair and reasonable.

Expert Analysis

  • FLSA Interpretation Patterns Emerge 1 Year After Loper Bright

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    One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • 5 Insurance Claims That Could Emerge After NCAA Settlement

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    Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Dissecting House And Senate's Differing No-Tax-On-Tips Bills

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    Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.