Wage & Hour

  • July 16, 2025

    Staffing Firm's Pay Not A Salary, Workers Tell 5th Circ.

    A staffing company's retainer pay plan did not amount to paying its employees on a salary basis, a collective of workers told the Fifth Circuit, urging the appeals court to uphold a Texas federal court decision that they were not overtime-exempt.

  • July 16, 2025

    Gordon Rees Opens Permanent Downtown Cleveland Office

    Gordon Rees Scully Mansukhani LLP announced Tuesday the official opening of a permanent office located in Cleveland.

  • July 15, 2025

    X Says Laid-Off Twitter Worker Not Owed A Jury Trial

    X Corp. has urged a California federal judge against holding a jury trial on a former Twitter worker's claims the company and owner Elon Musk violated state and federal laws requiring advance warning of mass layoffs, arguing the statutes don't provide for more than a bench trial.

  • July 15, 2025

    Pa. Judge Updates Damages In School District Pay Bias Case

    A Pennsylvania federal judge on Tuesday adjusted the amount of back pay two female teachers should receive after a jury handed them a win on their claims that a Pennsylvania school district paid them less than men, and also signed off on liquidated damages.

  • July 15, 2025

    Wash. Court Doubts Hospitals' Bid To Nix $230M Judgment

    A Washington state appellate judge criticized a hospital system's attempt to undo a $230 million loss in a class wage and hour suit on Tuesday, suggesting the employer's arguments about meal break waivers and timekeeping practices are at odds with its own records.  

  • July 15, 2025

    Michigan Cases To Watch In The 2nd Half Of 2025

    Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.

  • July 15, 2025

    5th Circ. Says Oilfield Specialists Are OT Exempt

    Two former field specialists of an oilfield service provider were not eligible for overtime under the Fair Labor Standards Act because they performed administrative tasks, a Fifth Circuit panel ruled, flipping a Texas district court's ruling in their favor.

  • July 15, 2025

    NJ Equal Pay Law For Temps Caught In The Crosshairs

    With an ongoing legal challenge and pushback from businesses, New Jersey's landmark temp worker bill of rights, which requires equal pay for equal work, shows the difficulty of modernizing wage and hour law, attorneys say.

  • July 15, 2025

    UnitedHealth, Optum Accused Of Pregnancy Discrimination

    Optum Care Inc. and parent company UnitedHealth Group fired a care team supervisor while she was on maternity leave without a tangible reason, according to a suit lodged in California state court.

  • July 14, 2025

    Wage Collective Certifications Up, Deals Down, Reports Find

    The value of top wage and hour class and collective action settlements is down so far this year, while conditional certifications in wage collective litigation are up, according to Duane Morris LLP reports, trends that a lead author attributed to the relative ease of obtaining initial collective approval.

  • July 14, 2025

    Honeywell Resolves Ohio Worker's Overtime Pay Dispute

    Honeywell has settled a former Ohio employee's lawsuit alleging that the conglomerate failed to pay her for all hours worked, including automatically deducting lunch breaks she often didn't take and not paying her for time spent undergoing COVID-19 screenings before each shift, court documents show.

  • July 14, 2025

    DC Circ. Says Biden DOL Didn't Improperly Issue H-2A Rule

    The D.C. Circuit has said the Biden administration did not flout notice and comment rulemaking procedures when it issued a rule in 2022 revising the H-2A visa worker program because it pulled the Trump administration's 2021 version of the rule before it became final.

  • July 14, 2025

    Marriott Gets Worker's Wage Suit Tossed, For Now

    A Washington federal judge reconsidered his prior decision sending a Marriott worker's wage and hour suit back to state court, agreeing with the hotel giant's argument that the amount in controversy is above $5 million, and dismissed the proposed class action while allowing the worker to update his claims.

  • July 14, 2025

    NC Bakery Accused Of Denying Workers Overtime Pay

    A Durham, North Carolina-based bakery is being accused of paying its employees a flat hourly rate regardless of how many hours they worked in violation of labor law, according to a proposed collective action filed in North Carolina federal court.

  • July 14, 2025

    11th Circuit Backs DOJ In Disability Bias, FMLA Suit Dismissal

    A former supervisor of education at a Florida federal prison was late in challenging the U.S. Department of Justice's denial of her accommodation request for anxiety and adjustment disorder, the Eleventh Circuit ruled on Monday, upholding a federal court's decision dismissing her suit.

  • July 14, 2025

    Ex-Tech Worker Says Expenses Suit Shouldn't Be Arbitrated

    A customer experience technology company can't force arbitration in a lawsuit alleging remote workers weren't reimbursed for internet service and computers they were mandated to purchase, an ex-employee told a Colorado federal court, arguing the company can't show that she and another worker signed valid arbitration agreements.

  • July 14, 2025

    Home Depot Faces Suit Over Worker Moonlighting Ban

    Home Depot Inc. has been hit with a proposed class action from a former retail worker who alleged that the company is violating Washington state labor laws by banning its lowest-earning employees from moonlighting at second jobs.

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

  • July 11, 2025

    2025's Bias Class Deals On Track To Best '24, Report Says

    The value of the top settlements in employment discrimination class actions in the first half of 2025 was over $220 million, which is on pace to exceed the value of last year's largest set of deals, according to a new Duane Morris LLP report.

  • July 11, 2025

    Servers Seek Initial OK For $1.75M Deal With NYC Restaurants

    Two Chinese restaurants in Manhattan have agreed to pay $1.75 million to settle a suit accusing them of cheating tipped workers out of tips, the workers told a New York federal court, urging the court to approve the deal.

  • July 11, 2025

    DOL W&H Roundup: Trump 2.0 In Full Swing

    The U.S. Department of Labor is dismantling President Joe Biden's legacy and reconfiguring the Wage and Hour Division with a business-friendly approach, as seen in the agency saying it would not seek liquidated damages against employers and its announcement that it would stop enforcement of an employee-friendly classification rule. Here, Law360 explores these and other developments unfolding at the DOL.

  • July 11, 2025

    $16M Deal Gets OK In Wage Suit Against Wash. Hospitals

    A $16 million deal ending three consolidated suits accusing Providence Health & Services and two related entities of not giving nearly 23,900 meal and rest breaks can proceed, a Washington state judge ruled, finding the deal fair.

  • July 11, 2025

    Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases

    Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.

  • July 11, 2025

    Calif. Panel Says Arbitration Provider Immune From Fraud Suit

    An arbitration provider is immune from a logistics company's suit accusing it of not properly vetting its arbitrators, including one who oversaw a wage and hour suit against the company, a California appeals panel ruled, affirming a lower court's decision to nix the case.

  • July 11, 2025

    Calif. Forecast: Court Weighs Google's $50M Racial Bias Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a $50 million deal between Google and Black workers who alleged the technology giant discriminated against them based on race. Here's a look at that case and other labor and employment matters on deck in California.

Expert Analysis

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.