Wage & Hour

  • May 08, 2025

    Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod

    Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.

  • May 08, 2025

    Atty Says SC Firm Owes Triple Damages For Not Paying Her

    A South Carolina law firm failed to pay an attorney her earned wages during several pay periods until she got her own lawyers involved, she told a federal court, saying the firm should be put on the hook for triple damages and attorney fees.

  • May 08, 2025

    Jury Says Firm Owes Ex-HR Exec $3.27M In Retaliation Case

    A Tennessee federal jury said a personal injury firm should pay $3.27 million to a former chief people officer who claimed she was fired after raising concerns that female attorneys were being paid less than men.

  • May 08, 2025

    Lewis Brisbois Litigator Jumps To FordHarrison In LA

    Management-side labor and employment firm FordHarrison LLP is growing its West Coast team, bringing in a litigator from Lewis Brisbois Bisgaard & Smith LLP as a partner in its Los Angeles office.

  • May 07, 2025

    Southwest Says Union Deal Makes Sick Leave Suit Irrelevant

    Southwest Airlines said Tuesday that a suit challenging its sick leave settlement with Colorado is moot because a recent collective bargaining agreement between the airline and its workers in the state already applies a 2020 law.

  • May 07, 2025

    NC Panel Backs OT Pay For Foresters Who Fought Wildfire

    A North Carolina appeals court largely backed a lower court's wage ruling Wednesday in a 17-year legal battle the Tar Heel State has fought with a group of state foresters about overtime pay they said they were not paid for fighting a 2008 fire.

  • May 07, 2025

    Veterinary Pathologist's Pay Bias Suit Teed Up For Trial

    A New Jersey federal judge said a jury needs to probe a veterinary pathologist's claims that an animal health company unlawfully paid her less than two male co-workers, ruling there isn't enough proof to definitely say whether they performed equal work.

  • May 07, 2025

    CVS Can Arbitrate Clinic Worker's Suit Alleging Illegal Layoffs

    CVS can arbitrate a nurse practitioner's lawsuit alleging it failed to provide employees with meal and rest periods and then abruptly laid off more than 250 workers without giving them adequate notice, a California federal judge ruled, rejecting the worker's argument that she never signed an arbitration pact.

  • May 07, 2025

    2nd Circ. Backs NYC Win In IT Worker's Bias, Retaliation Suit

    A former New York City telecommunications employee cannot revive her lawsuit alleging she was pushed out after managers scheduled meetings during her lunch because she reported a supervisor's inappropriate touching, the Second Circuit ruled Wednesday, saying there's no evidence the managers knew her migraines necessitated a specific lunch break.

  • May 07, 2025

    LA Firm Sues Fisher Phillips Over 'Ridiculous' SLAPP Suit

    A Los Angeles employment lawyer has sued Fisher Phillips for malicious prosecution, alleging the international labor firm targeted him with a "frivolous Rube Goldberg-esque legal argument" in an attempt to block him from representing workers at a Southern California diner chain in claims against their employer.

  • May 07, 2025

    Edward Jones' Arbitration Delay Lets Worker Return To Court

    Edward Jones' delay in paying the required fees to arbitrate a former employee's wage and hour claims allows the worker to take her claims back to court, a California appeals court ruled.

  • May 07, 2025

    Bimbo Bakeries Accused Of Misclassifying Drivers

    A pair of New England drivers who deliver Sara Lee and other branded baked goods said Tuesday in a proposed class action that Bimbo Bakeries violates Massachusetts law by treating them as independent contractors rather than employees.

  • May 06, 2025

    Translation Co. Misclassifies Workers, PAGA Suit Says

    A translation services company misclassifies workers as independent contractors to avoid paying them overtime and providing them with other benefits, a worker said in a lawsuit brought under California's Private Attorneys General Act in federal court. 

  • May 06, 2025

    How A Labcorp Ruling Could Affect Wage Class Actions

    A coming U.S. Supreme Court ruling in a case dealing with whether federal district courts can certify class actions when some members might not be injured could make it much harder for workers to proceed together with wage and hour claims, attorneys said.

  • May 06, 2025

    Colo. Trauma Hospital Left Bonuses Out Of OT Math, Suit Says

    A Colorado critical care hospital failed to factor bonuses into overtime calculations, resulting in a violation of the Fair Labor Standards Act and unpaid wages, a registration specialist said in a proposed collective action in federal court Tuesday.

  • May 06, 2025

    Kaufman Dolowich Adds Litchfield Cavo Litigator In SoCal

    Kaufman Dolowich is expanding its West Coast team, bringing in a Litchfield Cavo LLP construction industry litigator as partner in its office in Torrance, California.

  • May 06, 2025

    Univ. Of Utah Fails To Pay For Boot-Up Time, Worker Says

    University of Utah Health fails to pay customer service workers' wages for the 10 or so minutes they spend each day booting up their computers and logging into the healthcare system's programs, causing their overtime wages to drop, a former worker said in a lawsuit Tuesday.

  • May 06, 2025

    Bloomberg Campaign Workers Want To Keep Wage Ruling

    A New York federal court correctly concluded that there was still an open question of whether field organizers for Michael Bloomberg's 2020 presidential campaign fell under federal wage law, the workers argued, saying there is no need to rethink the decision.

  • May 06, 2025

    Aviation Co. Says Workers' Class Action Too Broad

    Former employees' bid to certify a class of more than 200 individuals who were abruptly terminated should be rejected, an aviation company told a Florida federal court, saying none of the proposed members reported to the same site and some of the workers were rehired.

  • May 05, 2025

    Judge Backs Biden-Era Protections For H-2A Farmworkers

    A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.

  • May 05, 2025

    Ex-Twitter Execs Can See Some Musk Texts In Severance Row

    Four former Twitter executives claiming they are owed $200 million in severance will be able to conduct a search of Elon Musk's text messages, but only when it comes to iMessage and not other messaging platforms like Signal, a California federal judge ruled.

  • May 05, 2025

    Pa. District Paid Female Teachers Thousands Less, Jury Told

    Central Bucks School District in Pennsylvania unfairly paid female teachers less than their male counterparts, in some cases by tens of thousands of dollars despite holding the same jobs, a federal jury was told Monday.

  • May 05, 2025

    Nurse's Proposed Wage Class Is Too Varied, Health Co. Says

    A proposed class encompassing nurses who alleged they were stiffed on wages for meal breaks they didn't get the opportunity to take should not be certified because the workers' experiences are too dissimilar, a health system told an Indiana federal court.

  • May 05, 2025

    Morgan Lewis Employment Ace Joins Vedder Price In Miami

    A veteran Morgan Lewis & Bockius LLP attorney has brought her labor and employment practice to Vedder Price PC in Miami, the firm announced Monday.

  • May 05, 2025

    2nd Circ. Revives Estee Lauder Worker's Wage Claims

    The Second Circuit partly reinstated a former employee's lawsuit against cosmetics company Estee Lauder on Monday, saying she put forward enough details to support her unpaid overtime claims but not her race, gender orientation and age bias allegations.

Expert Analysis

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    “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.

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    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.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.