Wage & Hour

  • 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.

  • September 30, 2025

    Biden's Acting DOL Head Julie Su Joins UC Berkeley Law

    Former acting Labor Secretary Julie Su will be a visiting professor at the University of California, Berkeley School of Law, where she will focus her work at the university's Center for Law and Work, the school announced.

  • September 30, 2025

    Wage & Hour Features Revisited: Disney Deal, Pay Ruling

    From a major pay transparency ruling in Washington to a $233 million Disney settlement over a local minimum wage ordinance, catch up on Law360 Employment Authority's wage and hour features from September that you might have missed.

  • September 29, 2025

    DLA Piper Must Face Trial In Pregnancy-Firing Suit

    A New York federal judge on Monday said DLA Piper must face trial in a discrimination case by a former lawyer who was fired two months after disclosing her pregnancy, saying the former seventh-year IP associate has made out a case around the circumstances of her 2022 departure.

  • September 29, 2025

    Firefighter Fired After Race Bias, Wage Complaints, Suit Says

    A Black former New York City firefighter told a Manhattan federal court he was fired weeks after filing grievances about racial discrimination and wage theft, saying he was routinely required to work off the clock and worked hundreds of hours without compensation.

  • September 29, 2025

    3rd Circ. Denies Pilots' Bid To Revive Military Leave Class

    The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.

  • September 29, 2025

    Ga. HVAC Co. Hit With Wage Theft Collective Action

    A west Georgia heating and air company was hit with a proposed collective action Friday from a former worker who said the company violated federal labor laws by docking the pay of its service and installation technicians and refusing to compensate them for their travel time between jobsites.

  • September 29, 2025

    Posner Says 'Abusive' Pro Se Filings Warrant Harsh Sanctions

    Retired U.S. Circuit Judge Richard A. Posner has asked the Seventh Circuit to end a pro se plaintiff's attempt to revive a $170,000 wage suit, while also seeking stiff sanctions for what he called decades of "abusive litigation."

  • September 29, 2025

    NC Judge Tosses Challenge To Biden-Era H-2A Wage Rule

    A North Carolina federal judge on Monday threw out a two-year-old lawsuit challenging the U.S. Department of Labor's wage rule for certain temporary farmworkers after a judge in Louisiana permanently blocked the new wage calculations from taking effect.

  • September 26, 2025

    Construction Co. Urges Court To Ax Labor Deal Requirements

    A construction company called on the U.S. Court of Federal Claims to order the Army Corps of Engineers to eliminate requirements that companies negotiate labor prices and work terms with a labor union to be eligible for a construction contract.

  • September 26, 2025

    KinderCare Workers Seek Final Sign-Off On Pay-Card Fee Deal

    Former KinderCare Education LLC workers asked a California federal court to grant final approval of a deal to resolve a class action alleging the child day care center and early education program operator paid final wages via pay cards and charged workers fees for using the cards.

  • September 26, 2025

    Philly PD Fights Cops' OT Class Certification Bid

    The city of Philadelphia and several officials said that they followed the collective bargaining agreement to compensate ranking officers, telling a federal court that a proposed class in an overtime suit would require individualized inquiries that clash with certification.

  • September 26, 2025

    Calif. Forecast: Grubhub Drivers Seek $24.8M Deal Approval

    In the coming week, attorneys should watch for a preliminary settlement approval hearing in a long-running proposed wage and hour classification class action against Grubhub that paid a visit to the Ninth Circuit. Here's a look at that case and other labor and employment matters on deck in California.

  • September 26, 2025

    Southwest Airlines Inks $18.5M Deal In Military Leave Suit

    Southwest Airlines Co. will fork over $18.5 million to end a proposed class action from workers who alleged the company's handling of short-term military leave violated a federal military nondiscrimination law, according to filings in California federal court.

  • September 26, 2025

    Campbell's Counterclaim Can Keep Simmering In Wage Suit

    Campbell Soup and snack food subsidiary Snyder's-Lance supported their counterclaim for unjust enrichment against a worker who is claiming he was misclassified as an independent contractor, a New York federal judge ruled, finding that tossing it would be premature.

  • September 25, 2025

    Judge Seeks More Info Before Splitting Corrections OT Trial

    A Colorado federal judge said she wouldn't make a determination on whether a proposed collective action against the state Department of Corrections, alleging the agency didn't pay its criminal investigators while on call, should be split into different trials until she has more information on each side's expectations for the case.

  • September 25, 2025

    ConEd Was Hiring Party For Workers Seeking OT, Judge Says

    Workers accusing Con Edison of misclassifying them as independent contractors sufficiently showed that the electricity company is a hiring party under a New York law covering freelancers, a New York federal judge ruled, adopting a magistrate judge's finding to keep their suit on.

  • September 25, 2025

    Property Manager Didn't Pay For Meal Break Work, Suit Claims

    Leasing agents and maintenance technicians, in a proposed collective and class action filed on Thursday, have accused a property management company of making them work during unpaid meal breaks, while not keeping track of this time and refusing to pay overtime. 

  • September 25, 2025

    UnitedHealthcare, Workers End OT Suit After Settlement Fight

    A former UnitedHealthcare care coordinator agreed to end her long-running overtime misclassification suit against the health insurance giant several months after a New Mexico federal judge sanctioned the company for evading workers' request for a complete list of class members for a settlement.

  • September 25, 2025

    Apple Affiliate Pushes To Undo Classes After Wage Case Loss

    Five classes of workers in a $840,000 a wage suit against an Apple-affiliated repair company in North Carolina federal court are rootless after a Fourth Circuit decision, the company said, accusing the workers of fabricating quotes from a case they relied on in their opposition.

  • September 24, 2025

    Minn. Judge Suspended For Attempting To Boost Staffer's Pay

    A Minnesota state judge should not have presided over proceedings to increase his longtime court reporter's salary, the state Supreme Court said, disciplining him with a public censure and a suspension for nine months without pay.

  • September 24, 2025

    Comcast Loses Challenge To Labor Dept. ALJs' Authority

    Comcast Corp. can't force a pair of former executives and the U.S. Department of Labor to sue in federal court, after a Virginia federal judge found that handing a Sarbanes-Oxley whistleblower case to an administrative law judge did not violate the company's Seventh Amendment rights.

  • September 24, 2025

    Atlanta Lawyer Fights Ex-Firm's Bid To Toss Wage Suit

    An Atlanta attorney suing her former law firm over allegations it fired her and threatened her when she demanded her last paycheck said the firm can't force her suit into arbitration, arguing it is hiding behind a sealed agreement and hasn't disclosed its full terms.

  • September 24, 2025

    Athletes Say NCAA's Dismissal Bid Rehashes Old Arguments

    A group of Division I athletes looking to be classified as employees filed a succinct reply chiding the NCAA and several prestigious universities for their "hundreds of pages" of "repetitive, overlapping" arguments that rehash points already made in Pennsylvania federal court.

  • September 24, 2025

    3 Tips To Set Up W&H Compliant Uniform, Dress Code Policy

    Employers who want their employees to dress the part need to keep in mind that dress codes and uniforms each present their own distinct wage and hour considerations. Here attorneys offer three tips for employers seeking to implement a uniform or dress code policy.

Expert Analysis

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.