Wage & Hour

  • September 17, 2025

    Kimberly-Clark Settles Black Worker's Bias, Retaliation Suit

    Consumer goods company Kimberly-Clark has resolved a suit filed by a Black manufacturing employee who said she was denied a promotion and unfairly disciplined for complaining she was being paid less than colleagues, according to a filing in Alabama federal court.

  • September 17, 2025

    4th Circ. Won't Revisit $9M Nurse Misclassification Ruling

    The Fourth Circuit will not reconsider a panel decision keeping in place a $9 million judgment against a medical staffing company the U.S. Department of Labor accused of misclassifying more than 1,000 nurses as independent contractors, the appeals court said.

  • September 16, 2025

    Harborview Nurses In Ga. Score Collective Status In OT Suit

    A pair of nurses who worked at Harborview Health Systems' facility in Rome, Georgia, brought enough evidence to show they and other similarly situated nurses were subjected to pay practices that shorted them on overtime wages to proceed as a collective action, a New York magistrate judge said Tuesday.

  • September 16, 2025

    Bakery Drivers Are Exempt From Arbitration, 2nd Circ. Told

    Two Connecticut delivery drivers asked the Second Circuit on Tuesday to reverse an order sending their employment misclassification lawsuit to arbitration, arguing the Federal Arbitration Act doesn't apply to workers engaged in interstate commerce and cuts through contracts that purportedly cast them as independent contractors.

  • September 16, 2025

    Fred Meyer Faces $81M Suit Over Anti-Moonlighting Policy

    Fred Meyer broke Washington state law in barring nearly 13,000 of its low-wage workers from holding other jobs to make ends meet, according to a proposed class action removed to Seattle federal court.

  • September 16, 2025

    Wash. Justices Scrutinize Minimum Wage 'Live In' Exclusion

    Washington Supreme Court justices on Tuesday pushed counsel for an adult family home on the stance that its "live in" workers are adequately protected by existing laws and regulations, pointing to testimony its employees are always on call and sometimes at risk of physical assault by residents.

  • September 16, 2025

    United Pays Only For Flying Time, Ex-Flight Attendant Says

    United Airlines paid flight attendants only for the time they spent flying, leading to millions of dollars of unpaid wages and overtime, a former flight attendant for the airline said in a proposed class action in New Jersey federal court.

  • September 16, 2025

    Detainees Urge Justices To Ax Early Appeal In GEO Wage Row

    Immigrant detainees urged the U.S. Supreme Court to reject GEO Group's bid for a ruling allowing government contractors to promptly challenge adverse rulings on derivative sovereign immunity, saying it would "dramatically expand" the number of nonfinal judgments that can be immediately appealed.

  • September 16, 2025

    Colo. Justices Say Min. Wage Claims Have Shorter Deadline

    The Colorado Supreme Court ruled that the shorter statute of limitations under the state's Wage Claim Act applies to the Colorado Minimum Wage Act, finding the acts should be construed together because they share the common purpose of recovering unpaid wages.

  • September 16, 2025

    Airline Staffing Co. Must Face Most Of Breastfeeding Bias Suit

    A company providing staff and support to airlines at Pittsburgh International Airport must face most of a former agent's claims it retaliated against her for seeking time to pump breast milk at work, a Pennsylvania federal judge ruled Monday.

  • September 16, 2025

    ​​​​​​​8th Circ. Questions Minn. Contractor Law's Vagueness

    The Eighth Circuit on Tuesday questioned trade groups challenging a Minnesota independent contractor misclassification law about the level of scrutiny to apply to the statute and seemed unconvinced that the law is unconstitutionally vague.

  • September 16, 2025

    Media Co. Told Employees To Falsify Breaks, Worker Says

    A California media company pressured employees to falsely record breaks and fired those who complained about wage and hour violations or sought a raise, a former production coordinator claimed in a suit filed in state court.

  • September 15, 2025

    Calif. Court Issues AI Hallucinations 'Warning,' Sanctions Atty

    A California appeals court has issued a published opinion "as a warning" to Golden State attorneys to personally review case law quotations made by generative artificial intelligence, and imposed a $10,000 monetary sanction on plaintiff's counsel in an otherwise straightforward appeal in an employment case.

  • September 15, 2025

    3rd Circ. Unsure When Uber Wage Case Hits Dead End

    A Third Circuit panel on Monday questioned at what point a judge is permitted to declare that a case can't be resolved, as it considered a bid by Uber drivers to revive employment misclassification claims that already resulted in two deadlocked juries.   

  • September 15, 2025

    House Panel To Consider Retirement, Tribal Workforce Bills

    A House panel announced plans Monday to advance several workforce and retirement-related bills later this week, including legislation that would require new reporting from the U.S. Department of Labor's employee benefits arm on information-sharing agreements and a bill to exempt tribal governments from federal wage laws.

  • September 15, 2025

    Steakhouse Servers Say Conn. Judge Did Defense's Job

    Counsel for a class of servers at a steakhouse at the Foxwoods Resort Casino in Connecticut made good on his promise to seek recusal or disqualification of the judge slated to oversee an upcoming trial, arguing in a motion Friday that Superior Court Judge Elizabeth J. Stewart had improperly made part of the defense's case for it.

  • September 15, 2025

    Tesla Favors Foreign Workers Over US Citizens, Court Told

    Tesla discriminates against American workers by giving a leg up to H-1B visa holders whom the company underpays, according to a suit brought in California federal court by two U.S. citizens who said they unsuccessfully sought jobs at the electric vehicle maker.

  • September 15, 2025

    Disney Workers Get Final OK On $43M Gender Bias Deal

    A California judge granted final approval Monday of Disney's $43.25 million class action settlement with over 15,000 female midlevel managers over allegations the entertainment giant paid them less than their male colleagues.

  • September 15, 2025

    Cozen O'Connor Picks Up 2 Jackson Lewis Attys In Philly

    Cozen O'Connor is expanding its employment law resources in Philadelphia with the additions of two attorneys who have moved their practices from Jackson Lewis PC.

  • September 15, 2025

    Clothing Brand's No-Overtime Policy Flouts FLSA, Court Told

    A clothing brand failed to pay its employees for the off-the-clock work that they performed and imposed a policy of no overtime that led to unpaid wages, a former retention specialist claimed in a proposed class and collective action in California federal court.

  • September 15, 2025

    W&H High Court Petitions To Watch This Term

    This U.S. Supreme Court season may include cases that address the contours of a Federal Arbitration Act exemption, whether requiring federal contractors to pay immigrant detainees minimum wage discriminates against the federal government and the procedural intricacies of collective actions under the Fair Labor Standards Act. Here, Law360 explores the issues at stake in these three cases that the high court will consider.

  • September 15, 2025

    United Pay Structure Led To Late Pay, Flight Attendant Says

    United Airlines' pay structure flouted New Jersey wage law because it failed to pay flight attendants on time, a former employee of the airline told a federal court in a proposed class action.

  • September 12, 2025

    DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks

    The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.

  • September 12, 2025

    Builders Urge 11th Circ. To Block Biden's EO Labor Mandate

    An association of builders on Friday urged the Eleventh Circuit to block a Biden administration executive order requiring labor agreements for all federal contracts exceeding $35 million, arguing the order will cause irreparable harm by increasing costs and reducing competition in the construction industry. 

  • September 12, 2025

    3rd Circ. Backs Philly School In Worker's COVID Leave Suit

    A former Philadelphia school employee resigned rather than being fired, the Third Circuit said Friday, affirming a federal court decision tossing his suit claiming he was discriminated against for refusing to get the coronavirus vaccine because of his religious beliefs.

Expert Analysis

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • What Employers Should Know Ahead Of H-2B Visa Changes

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    Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.

  • Int'l Athletes' Wages Should Be On-Campus Employment

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    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

  • 4 Trends Responsible For Declining FLSA Filings

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    In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • A Closer Look At Amendments To Virginia Noncompete Ban

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    Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.

  • Maximizing Employer Defenses After Calif. Meal Waiver Ruling

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    A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.