Wage & Hour

  • October 02, 2025

    Legal Services Co. Accused Of Not Properly Paying OT

    A legal service support company failed to properly pay its employees overtime, a former trial consultant said in a proposed collective action filed Thursday in Texas federal court.

  • October 02, 2025

    McDonald's Operator Pushes To Unravel Class In Break Suit

    A Colorado trial court failed to consider evidence showing that the operator of several McDonald's locations in Aurora, Colorado, did not violate the state's rest break laws, the entity told the state Supreme Court, urging the justices to undo the class.

  • October 02, 2025

    Dell Accused Of Firing In-House Atty On Maternity Leave

    Dell illegally fired an attorney in the midst of her maternity leave after repeatedly denying her promotion opportunities and handing them to her male colleagues instead, the attorney told a Massachusetts federal court.

  • October 02, 2025

    DOL's Judges Office Suspends Proceedings During Shutdown

    The U.S. Department of Labor's Office of Administrative Law Judges said it has canceled proceedings, tolled deadlines and halted filings while the agency is closed because of the federal government shutdown.

  • October 02, 2025

    Agency Ex-Exec Says He Was Misled About CEO Agreement

    A former executive at a company providing assistance to people with intellectual disabilities and autism claimed in a lawsuit that he was misled over whether he was officially promoted, even as the company held him out to state regulators and banks as the chief executive officer.

  • October 02, 2025

    DOL Wants Full 3rd Circ. To Eye H-2A Enforcement Ruling

    The Department of Labor has argued that a New Jersey farm's alleged violations of the H-2A visa program didn't involve private rights as it urged the full Third Circuit to flip a panel's decision that the department couldn't use in-house administrative proceedings to impose fines.

  • October 01, 2025

    Conn. Servers Defend Asking Judge To DQ From Wage Case

    A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.

  • October 01, 2025

    LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims

    The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.

  • October 01, 2025

    Texas Recovery Biz Fails To Pay Legal Wages, Suit Says

    Participants of several Texas-based recovery programs for addiction and other problems routinely work 40 or more hours per week at commercial facilities including a farm and sawmill, but receive only low-value "points" for their labor instead of lawful wages, according to a proposed collective and class action filed in federal court.

  • October 01, 2025

    Travel Nurses Snag Cert. For Some Classes In OT Suit

    A Colorado federal judge signed off on three classes of travel nurses in California, New York and New Jersey accusing two staffing agencies of unpaid overtime, but turned down their bid for an overtime class in Oregon and bait-and-switch classes.

  • October 01, 2025

    Ill. AG Backs Workers In Amazon COVID Screenings Fight

    The Illinois attorney general backed two workers claiming Amazon owes them for the time they spent on COVID-19 screenings, arguing to the state's Supreme Court that Illinois wage law is more expansive than the Fair Labor Standards Act and includes no exception for preliminary and postliminary activities. 

  • October 01, 2025

    Tenn. Pork Farm Snags Win In DOL Retaliation Suit

    The U.S. Department of Labor failed to show that a pork farm in Tennessee fired two immigrant workers for complaining to the agency about unpaid wages, a federal judge ruled, pointing to their behavior toward other workers as the reason for their discipline.

  • October 01, 2025

    DOL Opinion Letters Address Joint Employment, Tip Pools

    A restaurant and members-only club are associated enough to be jointly liable for overtime requirements, and front-of-house oyster shuckers at a seafood restaurant can be included in a tip pool, the U.S. Department of Labor's Wage and Hour Division said among other guidance in a batch of opinion letters.

  • October 01, 2025

    Wis. Assembly Bill Seeks Tax Subtraction For OT Pay

    Wisconsin would create an income tax subtraction for qualified overtime compensation under a bill introduced in the state Assembly.

  • October 01, 2025

    Duane Morris Adds O'Hagan Meyer Employment Atty In LA

    Duane Morris LLP is growing its West Coast team, bringing in an O'Hagan Meyer employment litigator as a partner in its Los Angeles office.

  • September 30, 2025

    Feds Finalize Rules To Speed H-2A Filing, Limit Some Wages

    The Trump administration finalized two separate rules on Tuesday aimed at streamlining the H-2A temporary visa process for seasonal farmworkers, one allowing employers to file petitions earlier and another revising annual wage hikes for certain agricultural jobs.

  • September 30, 2025

    Pot Broker Sues Over Misclassification, Seeks Lost Wages

    A Florida-based company that sells cannabis franchises is accused of illegally classifying an employee as an independent contractor in order to avoid paying him "hundreds of hours" in wages and benefits he earned as a salesman, according to a lawsuit filed Tuesday in Massachusetts federal court.

  • September 30, 2025

    9th Circ. Unwinds $312K Fees In Labor Suit Against Walmart

    While a former Sam's Club worker is entitled to fees for the $22,000 settlement of her individual labor claims against the chain and its parent Walmart, the Ninth Circuit on Tuesday vacated the $312,429 in fees and costs she was awarded by the lower court because it simply granted the fee award without sufficiently explaining why.

  • September 30, 2025

    Wash. Panel Keeps Wage Suit Against Logistics Co. In Court

    The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.

  • September 30, 2025

    Health Aide's Overtime Case Ends After Settlement Rewrite

    A Connecticut federal judge has approved a home healthcare aide's $60,000 settlement in an overtime wage lawsuit after the parties removed a contentious clause that would have barred the worker from seeking future employment with the same company, court records show.

  • September 30, 2025

    Workers Can't Get $1M Attorney Fees In $30K Wage Case

    Two workers who agreed to settle their wage-and-hour claims against an automotive technology manufacturer for $30,000 didn't show why their attorneys should snag $1 million in fees, a North Carolina federal judge ruled Tuesday.

  • September 30, 2025

    Paymentus Pins Fintech Atty's Firing On Behavior, Not Bias

    Billing company Paymentus Corp. told a North Carolina federal judge on Tuesday that it fired a former in-house attorney due to her alleged lack of workplace professionalism, rebutting her claims of age and gender bias.

  • September 30, 2025

    Han-Dee Hugo's Managers Win Collective Cert. In Wage Suit

    A North Carolina federal judge has conditionally certified a collective action from Han-Dee Hugo's gas and convenience store managers who accused the employer of misclassifying them and denying overtime pay, finding the managers to be similarly situated.

  • September 30, 2025

    Musk Escapes X Corp. Workers' Severance Suit In Del.

    A federal judge in Delaware has tossed 14 counts naming billionaire Elon Musk in a suit filed by six former X Corp. employees seeking severance benefits, with all but two dismissed with prejudice.

  • September 30, 2025

    FedEx Drivers' Overtime Claims Shipped To Home Courts

    Two delivery drivers who alleged that FedEx misclassified them as independent contractors will have to pursue their claims in their home states, a Pennsylvania federal judge ruled, saying that the two don't share enough commonalities.

Expert Analysis

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.