Wage & Hour

  • August 13, 2025

    9th Circ. Won't Revive JB Hunt Drivers' Pay Plan Challenge

    J.B. Hunt can keep its win in a proposed class action that accused it of failing to pay its California drivers for all hours worked, the Ninth Circuit ruled, upholding a lower court's judgment that the company's wage scheme complies with state labor law.

  • August 13, 2025

    NLRB Judge Clears GE Of Firing Claim Tied To OT Complaint

    GE Appliances lawfully disciplined and terminated a probationary employee who complained about the company's overtime policy, a National Labor Relations Board judge ruled, finding the worker's actions were not protected under federal labor law.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.

  • August 12, 2025

    Split Calif. High Court Upholds Validity Of Arbitration Fee Rule

    A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.

  • August 12, 2025

    Home Care Worker's OT Deal Delayed By 'Problematic' Clause

    A Connecticut federal judge denied a $60,000 proposed settlement between a home health care worker and her former employer because it contained a "problematic" clause banning the worker from seeking a job from the same employer in the future.

  • August 12, 2025

    NJ Judge Trims Ex-Bank Regulator's Discrimination Suit

    A New Jersey state judge has trimmed a discrimination and retaliation suit brought by a former acting director at the state's Department of Banking and Insurance, tossing her unequal pay and hostile work environment claims, but allowing her retaliation and failure to promote claims to proceed.

  • August 12, 2025

    Ogletree Adds PE Firm's Associate GC As Utah Shareholder

    Ogletree Deakins Nash Smoak & Stewart PC has added the former associate general counsel for private equity and venture capital firm Fifth Partners as a shareholder in its Salt Lake City office.

  • August 12, 2025

    Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says

    The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.

  • August 11, 2025

    Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid

    A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.

  • August 11, 2025

    OT Suit Against ConEd Strong Enough To Survive, Judge Says

    A New York federal magistrate judge has recommended preserving a proposed class action that accuses Con Edison and its subcontractors of failing to pay overtime wages to workers who directed traffic at the utility company's job sites.

  • August 11, 2025

    Trump College-Athlete Mandate Seeks DOL Input Amid Cases

    President Donald Trump’s mandate that the U.S. Department of Labor weigh in on the status of college-athletes could result in a rule or guidance that declares them employees or non-employees, which could impact which wage and hour protections apply. Here, Law360 explores what the DOL could say on the issue.

  • August 11, 2025

    Split 8th Circ. Revives Minn. Suit Over Union Leave

    The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.

  • August 11, 2025

    Posner Accuser Wants Roberts To Pick Judges For Wage Case

    The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.

  • August 11, 2025

    Fisher Phillips Adds Back Kahana Feld Labor Atty In Calif.

    Fisher Phillips is expanding its West Coast team, announcing Monday a Kahana Feld LLP labor and employment ace is returning to the firm as a partner its Orange County office in Irvine, California.

  • August 08, 2025

    Truck Driver Seeks Class Cert. In Time Card Rounding Row

    A California federal court must grant class certification to truck drivers at a construction materials company that allegedly underpaid workers by rounding on time cards, a former employee argued, saying the workers did not receive accurate wage statements.

  • August 08, 2025

    NY Forecast: Judge Weighs NLRB Injunction Bid At Nonprofit

    This week, a New York federal judge will consider whether to order a homeless shelter operator to bargain with a Service Employees International Union affiliate over allegations that the nonprofit refused to bargain with the union and threatened workers over their union activity. Here, Law360 looks at this and other cases on the docket in New York.

  • August 08, 2025

    9th Circ. Won't Review Collective Action Ruling In Wage Case

    The Ninth Circuit said Friday it won't weigh a panel's decision that Cracker Barrel servers from only the state where a wage suit originated should be kept in a collective action, and turned down the restaurant chain's bid to reevaluate the first step of the certification process.

  • August 08, 2025

    Papa John's No-Poach Deal Barely Clears Initial Hurdle

    A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.

  • August 08, 2025

    Calif. Forecast: Amazon-NLRB Fight Heads To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in Amazon's challenge to the constitutionality of the National Labor Relations Board's structure. Here's a look at that case and other labor and employment matters coming up in California.

  • August 08, 2025

    X Says Former Employee Was Fired For Misconduct

    A former X employee was fired after writing on Slack about a "kill command" that could have turned off the website, according to the social media company, telling a California federal court that his Worker Adjustment and Retraining Notification Act suit can't stand.

  • August 08, 2025

    NY Firm Falcon Rappaport Adds Employment Partner

    New York business law firm Falcon Rappaport & Berkman LLP has hired an attorney from Tannenbaum Helpern Syracuse & Hirschtritt LLP as a partner in its labor and employment practice group, the firm announced.

  • August 08, 2025

    Black Officer's Lower Pay Ruled Not Based On Discrimination

    The pay disparity between a Black female corrections lieutenant and two white male lieutenants was rooted in civil service pay rules and job differences, not gender and race-based discrimination, an Alabama federal judge ruled.

  • August 07, 2025

    Connecticut Litigation Highlights In The 1st Half Of 2025

    Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.

  • August 07, 2025

    Worker Says Property Firm Fired Her Over Medical Diagnosis

    A property management firm has been sued in Georgia federal court by a former employee who alleged she was discriminated against and eventually fired after being diagnosed with ovarian fibroids requiring a hysterectomy and hernia repair.

  • August 07, 2025

    Healthcare Consulting Co. Agrees To Pay $16M In OT Dispute

    A healthcare consulting company agreed to pay $16 million in a lawsuit accusing it of misclassifying care coordinators as overtime-exempt under the Fair Labor Standards Act, about 200 workers said in a settlement approval bid filed in New Mexico federal court Thursday.

Expert Analysis

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.