Wage & Hour

  • August 29, 2025

    NY Forecast: 2nd Circ. Hears Northwell COVID Vaccine Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former healthcare workers who claimed they were discriminated against on the basis of their religion when they were fired for refusing to take the COVID-19 vaccine.

  • August 29, 2025

    Ariz. City Says Firefighters' Ambulance Work Was OT-Exempt

    The city of Mesa, Arizona, told a federal court that a group of firefighters were still subject to a Fair Labor Standards Act overtime exemption for fire protection duties when they worked ambulance shifts, urging the court to toss their proposed collective action alleging unpaid overtime.

  • August 29, 2025

    Wage & Hour Features Revisited: Leave Laws, ABC Test Watch

    From a look at a pending ABC independent contractor test in New Jersey to discussions of changes to paid leave in Missouri and New York, catch up on Law360 Employment Authority's wage and hour coverage from August.

  • August 29, 2025

    Elevance Says Worker Seeking 'Bizarre' Payout In Late Suit

    A former Elevance utilization representative's proposed class suit claiming the company owes her damages for paying her last paycheck late would lead to a "bizarre" conclusion, the entity told a Connecticut state court, arguing that she is potentially owed only $1.18.

  • August 29, 2025

    Calif. Forecast: NLRB Fights Co. With Union-Busting Claims

    In the coming week, attorneys should watch for arguments in a National Labor Relations Board case against an environmental and engineering consultant. Here's a look at that case and other labor and employment matters on deck in California.

  • August 29, 2025

    How Mo. Employers Should Handle Paid Leave Law Repeal

    Missouri employers that are updating paid sick leave policies after the governor repealed a leave requirement voters had passed should notify workers about changes and watch for a future ballot measure on the issue, a St. Louis attorney told Law360. Melissa Pesce of Ogletree Deakins spoke with Law360 about the rollback.

  • August 29, 2025

    Wage And Hour Laws To Look Out For This Fall

    Workers in Maine will get extra wages if their employer cancels or cuts back their shift last minute, and employers in Cleveland will have to abide by new salary history and pay transparency requirements. Here, Law360 looks at these and other wage and hour and equal pay laws coming in the fall.

  • August 29, 2025

    Orkin Pest Control Overtime Case Put On Hold

    A Georgia federal judge agreed to pause a suit accusing pest control giant Orkin of automatically deducting time for unpaid breaks from thousands of employees who did not take the breaks and requiring unpaid training sessions.

  • August 28, 2025

    Trucking Cos. Fight Drivers' Collective Cert. Bid In Wage Suit

    Drivers accusing a trucking company, its owner and a related entity of misclassifying them as independent contractors should not pursue their wage claims as a collective because their claims would trigger individualized inquiries, the companies told an Oklahoma federal court Thursday.

  • August 28, 2025

    School Union Inks $110K Deal To End EEOC Race Bias Suit

    A school district labor union has agreed to pay $110,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against a Black custodian by challenging his promotion, according to a filing Thursday in Illinois federal court.

  • August 28, 2025

    Ga. Atty Sues Former Firm For Failing To Pay Final Wages

    A Georgia attorney has filed suit against her former employer, John Foy and Associates PC, over "threatening emails" she said she received after she was fired and a final paycheck that she reportedly never got.

  • August 28, 2025

    SkyWest Flight Attendants Want To End 10-Year Wage Case

    SkyWest Airlines' flight attendants urged an Illinois federal court to dismiss the remainder of their suit accusing the airline of not paying them overtime and other wage violations, saying it would be the best way to end their almost 10-year-long case.

  • August 28, 2025

    Labor Atty Rejoins McGuireWoods After Food Company Stint

    McGuireWoods LLP announced Wednesday that it has welcomed an alumnus back to its labor and employment team following his stint as an associate general counsel for packaged meat company Smithfield Foods Inc.

  • August 28, 2025

    Delta's $12M Wage Deal Gets Initial Greenlight

    A $12 million settlement between Delta Air Lines and a class of about 5,000 workers who claimed wage and hour violations can go forward, a California federal judge ruled, finding the deal to be fair and reasonable.

  • August 27, 2025

    Target Warehouse Workers Sue Over Unpaid Walking Time

    Target didn't pay its warehouse employees for time spent walking to and from their assigned areas where they must clock in and out for shifts, amounting to between $1,000 and $2,000 per year in unpaid wages for each worker, according to a proposed class action in New York federal court.

  • August 27, 2025

    Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight

    The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.

  • August 27, 2025

    Campbell's Seeks Toss Of Worker's Donning Time Suit

    Campbell's sought dismissal of a former employee's proposed collective action alleging the soup producer didn't compensate workers for time spent putting on personal protective equipment, telling a New Jersey federal judge the claims must first be assessed in the grievance process under a labor contract.

  • August 27, 2025

    Solar Co. Failed To Give Proper Layoff Notice, Suit Says

    Solar energy company PosiGen failed to provide proper notice before terminating hundreds of employees as part of a mass layoff affecting workers at sites in Pennsylvania, Louisiana and other states, according to a proposed class action filed in Delaware federal court.

  • August 27, 2025

    Bloomberg Campaign Seeks To Ax Wage Collective, Classes

    Michael Bloomberg's 2020 presidential campaign told a New York federal court that pretrial filings by field organizers claiming unpaid overtime show that it would be impossible for a jury to reach a blanket conclusion for about 1,000 workers across a collective and several classes.

  • August 27, 2025

    A Look At 1 Year Without Biden's Tipped Credit Rule

    It's been a year since the Fifth Circuit struck down the Biden administration's tipped credit rule, and attorneys say that the tipped minimum wage landscape feels at once settled with the return to a long-standing prior rule and yet in flux with states continuing to drive the conversation.

  • August 27, 2025

    South Florida Goodwill Reaches Settlement In Wage Case

    A former Florida Goodwill employee agreed to settle her suit accusing the network of automatically deducting time for unpaid lunch breaks that workers were unable to take.

  • August 27, 2025

    Wage Suit Against AutoZone Will Stay In Wash. Federal Court

    A former AutoZone delivery driver's wage and hour suit won't go back to a Washington state court because the company supported its calculations for how much the suit could involve, a federal judge said, adding that its removal was not late.

  • August 26, 2025

    Uber Eats To Pay Couriers $15M To End Seattle's Wage Claims

    Uber Eats has inked a $15 million settlement to end allegations that it flouted the city of Seattle's worker protection laws by failing to pay drivers what they were promised, including bonus earnings and minimum payments for canceled fares. 

  • August 26, 2025

    7th Circ. Won't Compel Arbitration In Uber Driver's Pay Suit

    Uber was correctly ordered to litigate a driver's pay claims in a lawsuit which three other plaintiffs must arbitrate, the Seventh Circuit said Tuesday, agreeing with a lower court that found the issue had already been decided in the driver's state court case.

  • August 26, 2025

    Meta Fired Worker For Being Older White Male, Bias Suit Says

    A former Meta Platforms Inc. employee filed an age bias suit in California state court Tuesday, alleging the company prioritized non-white, non-male workers and applicants for job opportunities, bonuses and promotions, before it eventually executed a "reduction in force" that disparately affected older workers who ended up being terminated.

Expert Analysis

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.