Wage & Hour

  • September 04, 2025

    Wash. Justices Endorse Broad View Of Pay Transparency Law

    Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.

  • September 04, 2025

    DOL Details Independent Contractor, Joint Employer Plans

    The U.S. Department of Labor is planning to undo an independent contractor rule and potentially put in place guidance on joint employer liability, among other updates, according to a regulatory agenda unveiled Thursday. Here’s a look at the wage and hour actions in the agenda.

  • September 04, 2025

    Walmart, Workers Settle Wage Suit After State Court Deal OK'd

    A California federal judge agreed Thursday to toss a suit accusing Walmart of not paying all wages upon termination to workers, following a $28.5 million settlement in a related case in state court.

  • September 04, 2025

    Apple Affiliate Wants To Untie Classes After Wage Verdict

    A Fourth Circuit decision undoing classes of Bojangles managers is a significant change of law that should dismantle five classes in a wage and hour suit that snagged $839,000 from an Apple-affiliated repair company, the company told a North Carolina federal court.

  • September 04, 2025

    McDermott Atty Joins Seward & Kissel As Employment Leader

    Seward & Kissel LLP has hired a former McDermott Will & Schulte LLP attorney as co-head of its employment practice, touting her expertise advising clients on both litigation and the employment aspects of corporate transactions in its announcement on Wednesday.

  • September 04, 2025

    Tenn. Behavioral Healthcare Co. Owes OT, Worker Claims

    A Tennessee behavioral healthcare provider failed to pay its employees for work they performed off the clock and automatically deducted unpaid time for meal breaks they didn't take, a technician said in a proposed collective action in federal court.

  • September 04, 2025

    Fisher Phillips Hires Liff Walsh Employment Group Leader

    The former leader of Liff Walsh & Simmons' employment and labor practice, who worked as a counselor to the solicitor of the U.S. Department of Labor and in several other public service roles, has joined Fisher Phillips as a partner in Washington, D.C.

  • September 03, 2025

    DOL Proposal On FLSA Home Care Rule Gets 5,000 Comments

    The U.S. Department of Labor received over 5,000 comments on its plan to rescind an Obama-era rule that expanded wage protections for home care workers, with advocacy organizations arguing that the DOL didn't provide enough backup for the rescission while others saying the move is in line with the fall of Chevron deference.

  • September 03, 2025

    Denver Sheriff Sergeant Urges Trial In Sex Bias Promotion Suit

    A man who claims the Denver Sheriff Department violated Title VII of the Civil Rights Act by promoting three women to captain over him as part of a self-imposed quota for female officers has asked a Colorado federal judge to deny the sheriff's department summary judgment.

  • September 03, 2025

    Ex-Air Force Worker Says Disability Bias Case Can't End Early

    A former U.S. Air Force assistant general manager told an Arizona federal court that he supported his claims that he was denied paid safety leave during the coronavirus pandemic because of his disability, urging the court to keep his case standing.

  • September 03, 2025

    Delivery Co., Courier Agree To End Appeal Bid In OT Suit

    A delivery company and a courier who alleged overtime violations said Wednesday they have reached an agreement and asked an Ohio federal court to dismiss the case, which went to the Sixth Circuit. 

  • September 03, 2025

    Ex-Twitter Worker Fights X's Arbitration Push At 9th Circ.

    X waived its arbitration rights in a $20 million severance suit and should not be able to challenge a district court's decision keeping the case in court, Twitter's former chief marketing officer told the Ninth Circuit.

  • September 03, 2025

    Manhattan DA To Target Wage-Fixing With Antitrust Laws

    Manhattan District Attorney Alvin Bragg said Wednesday that his office plans to be the first to use New York's criminal antitrust laws against companies that collude to keep workers' wages low.

  • September 03, 2025

    5th Circ. Declares Federal Contractor Minimum Wage Moot

    Former President Joe Biden's minimum wage for federal contractors is no longer in place after President Donald Trump's executive order revoked it, the Fifth Circuit said, ending a case that challenged the Biden-era wage.

  • September 03, 2025

    More K&L Gates Attys Jump To Arnold & Porter In LA, Seattle

    Arnold & Porter Kaye Scholer LLP continues to grow its West Coast team, announcing Wednesday two more longtime K&L Gates LLP attorneys have joined as partners — a labor and employment expert in Seattle and a business litigation pro in Los Angeles.

  • September 02, 2025

    Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup

    Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.

  • September 02, 2025

    Uber Says It's Time For Arbitration In Drivers' Deductions Suit

    The discovery the Second Circuit required in a case accusing Uber of making improper deductions from drivers' wages shows that the drivers primarily engaged in intrastate commerce, the ride-hailing company said, urging a New York federal court to send the case to arbitration.

  • September 02, 2025

    Court Denies UFC's Attempt To Block Fighters' Class Cert.

    A Nevada federal judge has rejected Ultimate Fighting Championship's motion seeking to deny class certification for fighters suing it over alleged suppressed wages, saying the request is premature.

  • September 02, 2025

    NC Court Upholds Ruling Against Pay For Pre-Job Training

    A class of mental health workers seeking overtime compensation can't recover pay for training completed prior to the first day of work, as a North Carolina federal judge upheld a previous order finding that the time is not compensable under the federal Fair Labor Standards Act.

  • September 02, 2025

    Ga. Atty Aims To Pause Arbitration In Wage Fight With Ex-Firm

    An Atlanta attorney suing her former law firm, John Foy & Associates, is seeking to put arbitration on hold while her claims for harassment and retaliation play out in Georgia federal court, saying that allowing the two matters to proceed simultaneously risks "duplicative proceedings, inconsistent findings and unnecessary expense."

  • September 02, 2025

    2nd Circ. Backs X In Arb. Fees In Severance Case

    Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.

  • September 02, 2025

    Worker Fights Charter Communications' Bid To Ax Her OT Suit

    A Charter Communications sales supervisor sufficiently supported her claims that the cable giant cheated her and others out of overtime, she told a New York federal court, also arguing that the company is mischaracterizing other court rulings to push for her suit's dismissal.

  • August 29, 2025

    Logistics Cos. Can't Escape Worker Visa Misuse Class Action

    Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.

  • August 29, 2025

    Calif. Leaders, Gig Cos. Announce Driver Union Deal

    California Gov. Gavin Newsom and California lawmakers announced Friday that they reached a deal with Uber and Lyft to back a measure allowing the state's hundreds of thousands of gig drivers to unionize while treating them as independent contractors.

  • August 29, 2025

    5th Circ. Upholds Dallas Win In Pay, Race Bias Case

    A former management assistant for the city of Dallas failed to demonstrate that she was paid less than a colleague because of her race and her retaliation and discrimination claims also could not stand, the Fifth Circuit ruled Friday.

Expert Analysis

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.