Wage & Hour

  • July 02, 2025

    Moving Help Co. Accused Of Misclassifying Drivers

    An on-demand moving and delivery service classifies workers as independent contractors — despite exercising substantial control over their work — and refuses to reimburse drivers for the costs they incur from buying gas and paying tolls, according to a proposed class action filed in California state court.

  • July 02, 2025

    DC Tipped Minimum Wage Hike Put On Ice

    Tipped workers will not see a $2 boost in their hourly wages this week after the D.C. City Council voted to pause a scheduled minimum wage increase that could spell trouble for a ballot initiative designed to match up minimum wages for both tipped and nontipped workers.

  • July 02, 2025

    TikTok Can Arbitrate Most Sales Reps' Claims Of Unpaid OT

    A lawsuit by a group of sales representatives accusing TikTok of incorrectly classifying them as exempt from earning overtime can largely be sent to arbitration, a California federal judge ruled, saying all but one worker signed an agreement that mandates employment disputes stay out of court.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

  • July 02, 2025

    9th Circ. Limits Cracker Barrel Collective To In-State Workers

    A nationwide collective of Cracker Barrel servers in a wage and hour case is too vast, the Ninth Circuit ruled, saying members who worked for the restaurant chain outside Arizona, where the suit was launched, should not have been permitted to join.

  • July 01, 2025

    Amazon Beats Cert. Bid By 150K Flex Drivers In Tip Dispute

    A Washington federal judge refused to certify a proposed class of 150,000 Amazon Flex drivers who said Amazon pocketed their tips, ruling on Tuesday that Amazon's earlier $61.7 million settlement with the Federal Trade Commission already provided relief, and litigating the case as a class action would be costly and duplicative.

  • July 01, 2025

    EEOC Wraps Up June With A Flurry Of Suits

    The U.S. Equal Employment Opportunity Commission filed a spate of new cases as June ended, including suits alleging that an executive asked a worker to enter a sexual contract, a company required an applicant to take an electrocardiogram, and Walmart pushed out a worker returning from COVID-19 leave. Here, Law360 takes a look at seven lawsuits the EEOC filed Monday.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Teamsters Unit, UPS Duel Over Reinstated Worker's Back Pay

    UPS must shell out a specified back pay amount ordered by an arbitration panel for a reinstated worker, a Teamsters local told a Pennsylvania federal court, arguing the award clearly required the company to provide a certain amount of compensation that did not factor in unemployment benefits.

  • July 01, 2025

    What Justices' Injunctions Ruling Means For Employment Law

    Now that the U.S. Supreme Court has limited universal injunctions, employers, workers and their advocates could have to turn to motions to vacate, associational standing and other pathways to relief in employment law litigation, attorneys said. Here, Law360 explores the potential impact.

  • July 01, 2025

    Amazon Escapes Worker's Military Leave Suit

    A former Amazon employee cannot show that she was fired because she requested to take military leave or because she needed to care for her son, a New York federal judge ruled, saying she can't rebut the company's argument that she was fired for violating security protocol.

  • July 01, 2025

    4th Circ. Says Rig Worker Not A Party To Arbitration Pact

    A rig worker's limited liability company — but not the worker himself — is a party to an oil and gas company's arbitration agreement, the Fourth Circuit ruled Tuesday, rejecting the firm's bid to send the former employee's wage and hour suit to arbitration.

  • July 01, 2025

    NY Equinox Trainers Score $12M In Unpaid Wages Settlement

    A New York federal court has given final approval to a $12 million settlement between upscale gym chain Equinox and its personal trainers, whose Fair Labor Standards Act lawsuit accused the company of shorting them on overtime wages.

  • July 01, 2025

    DOL Rule Would Reverse Obama-Era Domestic Worker Regs

    The U.S. Department of Labor is looking to roll back Obama-era regulations that redefined domestic service workers and required they be paid minimum and overtime wages, saying returning to regulations from 1975 could help expand access to care services.

  • July 01, 2025

    Boston Globe, Former Exec Settle Ahead Of Trial Over Firing

    The Boston Globe and a former high-ranking executive have reported settling a lawsuit over his 2021 firing, days before a trial in Massachusetts state court was set to begin.

  • June 30, 2025

    DOL Plans To Nix H-2A Farmworker Organizing Protections

    The Trump administration is planning to roll back a Biden-era rule that protected seasonal farmworkers on H-2A visas from facing retaliation for workplace organizing, with the U.S. Department of Labor announcing its intent to rescind the contentious 2024 rule Monday.

  • June 30, 2025

    Ex-Geico Sales Rep. Denied Class Cert., For Now

    A Georgia federal judge on Monday shot down a former Geico call center worker's bid to certify a class of more than 1,000 sales representatives who said the insurance company hasn't paid them for pre- and post-shift work, finding their theory of the case was "not supported by the evidence."

  • June 30, 2025

    Meta, Shutterstock Can Arbitrate Ex-Worker's Pay Bias Suit

    A former Giphy engineer must arbitrate her lawsuit accusing Meta, and later Shutterstock, of paying her $2 million less than male colleagues when they took over the online GIF database, a New York federal judge ruled Monday.

  • June 30, 2025

    Consulting Firm Says Ex-Exec's Wage Suit Is In Wrong Venue

    Consulting firm Profit Drivers LLC, its sole member and its chief executive officer have asked a Connecticut federal judge to dismiss a suit brought by their onetime vice president and chief financial officer claiming he was never paid for his work, arguing they have no ties to the Constitution State.

  • June 30, 2025

    Judge Mulls Mariano's OT Exemption With A Baseball Analogy

    An Illinois federal judge considering whether to declassify collectives of grocery store managers claiming a Kroger subsidiary misclassified them as being exempt from overtime pay compared them Monday to baseball player-managers like Pete Rose and pressed the parties to address "when a player-manager is more like a player than a manager."

  • June 30, 2025

    Healthcare Co.'s $120K Wage Deal Rejected

    A healthcare company can't move forward with its $120,000 settlement that resolves a collective action accusing it of failing to pay workers overtime wages for off-the-clock work they performed, a Connecticut federal judge ruled, saying the deal forces several workers to release too broad a spectrum of claims.

  • June 30, 2025

    Wage & Hour Features Revisited: State Debates, DOL Updates

    From a look at state-level debates happening in New Jersey and California to analyses on the latest minimum wage and U.S. Department of Labor developments, catch up on Law360 Employment Authority's wage and hour coverage from June. Here's a look at features and analyses you might have missed from the past month.

  • June 30, 2025

    Perdue Can't Reduce Collective In Misclassification Suit

    Perdue Foods LLC cannot shave off seven opt-in plaintiffs in a collective action accusing it of misclassifying poultry growers as independent contractors, a Maryland federal judge ruled, saying it's too early to determine whether the workers brought their claims too late.

  • June 27, 2025

    Google Fired Worker For Taking Medical Leave, Suit Claims

    A former Google employee said she was discriminated against and fired for taking approved medical leave, according to a lawsuit filed in Washington state court.

Expert Analysis

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.