Wage & Hour

  • September 12, 2025

    8th Circ. To Weigh Minn. Classification Challenge

    Minnesota trade groups are expected to argue at the Eighth Circuit that a state construction industry misclassification law is too vague, while the state is expected to argue that the trade groups lack standing to challenge the law.

  • September 12, 2025

    Va. City Attorney Tells 4th Circ. He's Immune From FMLA Suit

    A Virginia federal judge erred by allowing a Family and Medical Leave Act suit against a municipal attorney to head to trial, the attorney said Friday, asking the Fourth Circuit to hold that he is immune from suit.

  • September 12, 2025

    Conn. Supreme Court Snapshot: Amazon Wages Top Sept.

    A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.

  • September 12, 2025

    Cos. Ask Conn. Court To Pause Trial For Steakhouse Workers

    An upcoming trial over unpaid wages against a steakhouse at the Foxwoods Resort Casino in Connecticut should be put on hold after the attorney representing a class of tipped servers accused a judge of bias, a group of companies told a state court.

  • September 12, 2025

    Calif. Forecast: Google Wants Worker-Protesters' Suit Tossed

    In the coming week, attorneys should watch for a dismissal bid hearing in a proposed discrimination class action against Google by a group of former employees who staged protests. Here's a look at that case and other labor and employment matters on deck in California.

  • September 11, 2025

    Colo. Judge Says $1.5M Damages Request May Be 'Piling On'

    A Colorado federal judge was skeptical Thursday to award a $1.5 million default judgment against the owner of a now-defunct metal fabrication and construction company who was accused by former employees in a class action of failing to pay wages in the months before the business filed for bankruptcy.

  • September 11, 2025

    Teachers' Union Fights 8th Circ. Ruling In Taxpayer Challenge

    A split Eighth Circuit never should have revived taxpayers' challenge to the union leave policy in a contract between a Minnesota teachers' union and a Twin Cities-area public school district, the union argued, saying the majority's holding conflicts with Third and Seventh circuit precedent.

  • September 11, 2025

    Philly Police Seek Class Cert. In Emergency OT Pay Suit

    A group of "ranking officers" in the Philadelphia Police Department on Thursday asked a federal judge to certify a class of approximately 230 current and former officers for their lawsuit alleging they weren't informed of their eligibility for overtime pay.

  • September 11, 2025

    Capital One Unit Can't Nix OT Misclassification Case

    A Virginia federal judge ruled that a former Capital One employee can concurrently pursue claims under federal and state overtime laws, adding that the bank made some premature arguments when it tried to toss a suit accusing it of misclassifying learning associates as overtime-exempt.

  • September 11, 2025

    Luxury Gym Cos. Settle Trainer's Wage, Harassment Claims

    A former trainer asked a New York federal court Thursday to sign off on a settlement to resolve wage and hour and sexual harassment claims against the operators of luxury fitness centers.

  • September 11, 2025

    NYC Council Overrides Mayor's Vetoes On Workers' Pay

    The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.

  • September 11, 2025

    Connecticut City HR Chief Loses Pay Cut Case

    A Connecticut federal judge has dismissed constitutional claims against the city of Derby and declined to hear a state-level breach of contract claim from the human resources director who said her pay was cut improperly, finding that she is not owed the salary she demanded.

  • September 11, 2025

    Hyundai, Parts Co. Must Face DOL Child Labor Suit

    Hyundai and a manufacturing company cannot avoid a U.S. Department of Labor suit accusing them of violating federal child labor law, an Alabama federal judge ruled while letting a now-defunct staffing company off the hook, saying an injunction against it would be futile.

  • September 10, 2025

    Class Action Atty Sanctioned For 'Egregious' Bogus Citations

    A California federal judge has sanctioned a California class action attorney for filing a motion riddled with "egregious" erroneous citations, finding that the citations "bear the hallmarks" of cases hallucinated by artificial intelligence despite the lawyer's insistence that she'd never even heard of AI until opposing counsel made the accusation.

  • September 10, 2025

    'Frustrated' Atty Accuses Judge Of Bias In Conn. Wage Suit

    An exasperated attorney representing a class of Connecticut steakhouse servers accused a state court judge of improperly restricting the damages, calling her incompetent to preside over the case and putting on a display of courtroom conduct Wednesday that the judge said she had never witnessed before.

  • September 10, 2025

    Calif. Gig Worker Union Bill Sent To Newsom's Desk

    A plan to give gig drivers in California the right to unionize and negotiate certain job terms and conditions is headed to Gov. Gavin Newsom's desk less than two weeks after state leaders reached a deal with Uber and Lyft to facilitate its passage.

  • September 10, 2025

    6 California Wage Bills To Watch

    California bills that would add civil penalties for failing to pay an award in a wage case and expand paid family leave benefits are among the pro-worker legislation that could soon head to the governor’s desk and shift the Golden State’s wage and hour landscape. Here’s a look at six bills to watch.

  • September 10, 2025

    Emirates Wants To Land Laid-Off Workers' Class Cert. Bid

    A group of former Emirates employees should not receive class certification in their suit claiming the airline discriminated against American employees during its 2020 layoffs that they said were made without proper notice, the airline told a New York federal court.

  • September 10, 2025

    Ex-Care Associates Say Mount Sinai Failed To Pay Overtime

    Mount Sinai Health System failed to pay its employees for time spent undergoing temperature checks and other health-related duties before their shifts, didn't pay for post-shift work and automatically deducted time for meal breaks that workers didn't take, two former patient care associates told a New York federal court.

  • September 10, 2025

    $36M DOL Award Unjustified, Nursing Homes Tell 3rd Circ.

    A group of bankrupt nursing homes told a Third Circuit panel Wednesday that a nearly $36 million judgment against it for not paying employees overtime should be thrown out because the judge who ordered it found sweeping Fair Labor Standards Act violations across the company without the support of the evidence.

  • September 10, 2025

    VA, Ex-Worker End Bias Suit Over FMLA Issues

    A Black former employee of the U.S. Department of Veterans Affairs has agreed to end her suit alleging she was charged with not reporting to work despite having approved intermittent medical leave and was discriminated against because of her race and sex, a Missouri federal court said Wednesday.

  • September 10, 2025

    Sugar Co. Didn't Control Worker Before Clock-In, Judge Says

    A beet sugar processing company did not exercise any control over a former machine operator during the time he spent waiting in line to clock in, so that time was not compensable, a California federal judge ruled.

  • September 09, 2025

    5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit

    The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.

  • September 09, 2025

    Nursing Exec Says $10.5M Fraud Penalty Excessive

    A nurse staffing executive convicted of wage-fixing told a Nevada federal court the U.S. Department of Justice's request for a $10.5 million forfeiture order for allegedly failing to disclose the antitrust investigation when selling his business is excessive.

  • September 09, 2025

    DOL Probe Leads to $2M Judgment For Unpaid Wages

    A Northern California roofing contractor will shell out nearly $2 million in back wages and damages to 158 workers after the U.S. Department of Labor determined the company failed to pay overtime, the department announced.

Expert Analysis

  • 7 Things Employers Should Expect From Trump's OSHA Pick

    Author Photo

    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

    Author Photo

    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

    Author Photo

    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

    Author Photo

    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

    Author Photo

    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

    Author Photo

    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

    Author Photo

    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

    Author Photo

    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

    Author Photo

    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

    Author Photo

    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

    Author Photo

    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

    Author Photo

    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

    Author Photo

    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.