Wage & Hour

  • April 17, 2025

    Filipino Workers Say FEMA Contractor Cheated Them On Pay

    A construction company with $88 million worth of Federal Emergency Management Agency contracts recruited 17 Filipino workers, promising fair wages and free housing, but instead cheated them out of pay and housed them in unsanitary conditions, a suit filed Thursday in the Northern Mariana Islands federal court claims.

  • April 17, 2025

    5 Overtime Claims Employers Keep Facing

    As the federal rules shift around overtime exemptions, employers often get hit with claims that they misclassified workers as exempt, failed to include bonuses in overtime math and paid a flat rate even when work went beyond 40 hours a week. Here, Law360 explores common overtime claims and how to avoid them.

  • April 17, 2025

    Rental Car Cos. Misclassify Workers, Suit Says

    A staffing company and several rental car companies including Hertz incorrectly classify workers as independent contractors to save costs and avoid paying them overtime wages, according to a proposed class and collective action filed in Virginia federal court.

  • April 17, 2025

    AFL-CIO, Unions Can Pursue Some DOGE Access Claims

    The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.

  • April 17, 2025

    'Latter-Day Machiavelli' Defamed Calif. Law Firm, Court Told

    California employment law firm Lawyers for Justice PC has filed a suit in state court accusing one of its former clients of defamation in what the firm calls "a scorched-earth crusade against her former attorneys."

  • April 17, 2025

    2nd Circ. Reverses Packaging Workers' Rejected Wage Deal

    The Second Circuit gave workers another chance to win approval of their $840,000 deal with a packaging supplies manufacturer over claims of unpaid wages, saying a lower court shouldn't have considered their attorney's alleged misconduct in another case as basis for deeming his counsel inadequate in this one.

  • April 17, 2025

    Travel Tech Co. Accused Of Misclassifying Sales Workers

    A travel technology company incorrectly classifies sales employees as exempt from earning overtime wages despite their job duties not falling under any overtime exemption, a proposed class action filed in Colorado state court said.

  • April 17, 2025

    Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit

    A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.

  • April 17, 2025

    NYC Strikes Deal To End Housing Workers' OT Suit

    New York City struck a deal to resolve a housing development worker's collective action accusing it of running afoul of the Fair Labor Standards Act by stiffing city employees on overtime wages, a federal court filing said.

  • April 16, 2025

    Southwest Moves Union's Sick Leave Fight To Federal Court

    Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.

  • April 16, 2025

    JetBlue Hit With Meal Break, Back Pay Class Suit In Wash.

    JetBlue Airways Corp. is the target of a proposed class action in Washington state court from workers who allege the airline owes them for sick leave and breaks, as well as back pay for new hires, who had to study for mandatory orientation and job assessments.

  • April 16, 2025

    3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact

    The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.

  • April 16, 2025

    Orgs. Sue DOL Over Termination Of Int'l Labor Rights Projects

    Three nonprofits have filed suit in D.C. federal court to have the U.S. Department of Labor reinstate cooperative agreements aimed at supporting workers' rights programs abroad, claiming that the department, at the direction of the Department of Government Efficiency, terminated the agreements based on "policy disagreement."

  • April 16, 2025

    Wash. AG Says Seattle Public Schools Shows Pregnancy Bias

    Seattle Public Schools fails to provide pregnant and nursing employees with accommodations such as flexible bathroom breaks and retaliates against workers who request pregnancy-related accommodations, the Washington state attorney general said in a new lawsuit.

  • April 16, 2025

    UnitedHealth Sanctioned For Excluding Wage Class Members

    A New Mexico federal judge slapped sanctions on UnitedHealthcare for its "dilatory and dismissive tactics" in evading care coordinators' request for a complete dossier of class members in their wage and hour settlement, saying the company should foot the bill for several months of litigation.

  • April 16, 2025

    Novel Equal Pay Laws Double-Edged Sword, Advocate Says

    Worker-side attorney Schwanda Rountree said she is optimistic about pay transparency empowering employees but wary of how other developments in equal pay-adjacent areas and return-to-work policies may inadvertently hurt workers. Here, Law360 speaks with Rountree about how pay-gap issues will evolve.

  • April 16, 2025

    Workers Ask Michigan Judge To OK Boot-Up Suit Deal

    A home healthcare company has agreed to pay about $86,000 to settle a lawsuit accusing it of not paying employees for the time they spent booting up their computers, a former insurance specialist said, asking a Michigan federal court to greenlight the deal.

  • April 16, 2025

    Pa. Law Firm Escapes Ex-Paralegal's Bias Claims, For Now

    A federal judge largely nixed a suit brought by a former paralegal for a Pennsylvania law firm who claimed she was fired for taking medical leave to treat her panic disorder, ruling her complaint was short on specifics about whether she was disabled under the law.

  • April 16, 2025

    Papa Gino's Sued For Allegedly Underpaying Delivery Drivers

    New England pizza chain Papa Gino's pays delivery drivers a lower tipped minimum wage while hindering their ability to earn gratuities, according to a proposed class action filed in Massachusetts state court.

  • April 16, 2025

    Law Firm Must Face Trial For Ex-CPO's Retaliation Claims

    A personal injury law firm can't dodge a suit from its former chief people officer accusing the firm of firing her after she raised concerns about pay bias, a Tennessee federal judge ruled, because the firm didn't back up its claim that she was fired for insubordination. 

  • April 15, 2025

    PepsiCo Sued Over Workers' Unpaid COVID Screenings

    A former machine operator is suing PepsiCo Inc. in Illinois federal court for wage theft, claiming he and others were never paid for the time they spent going through the company's mandatory COVID-19 safety processing that was conducted before each shift.

  • April 15, 2025

    LSU Must Face Former Attys' Retaliation Claim

    Louisiana State University cannot escape two former in-house attorneys' claim alleging their new job offers were rescinded after they raised concerns about gender equity, a federal judge ruled, rejecting the school's argument that the women forfeited their rights under federal discrimination laws.

  • April 15, 2025

    Amazon Fights Flex Drivers' Class Cert. Bid In Tip Suit

    A suit accusing Amazon of not paying tips to over 150,000 Amazon Flex drivers is "heavily fact-dependent" and should not move forward as a class, the company told a Washington federal court, adding that the lead plaintiffs already receive money for those claims.

  • April 15, 2025

    Strike Nurses Sue Staffing Co. Over Wage, Break Pay

    A group of workers hired by a provider of temporary staff nurses to work at Kaiser Permanente facilities in California during a 2023 strike have filed a lawsuit against the staffing company, alleging it refused to pay for training time and meal breaks.

  • April 15, 2025

    Dunkin' Franchise Owners In Mass. Settle Wage, OT Claims

    The owners of more than 60 Dunkin' franchises across the Bay State and a group of current and former store managers are finalizing a settlement of claims that the coffee chain flouted wage laws, according to a filing in Massachusetts federal court.

Expert Analysis

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.