Wage & Hour

  • April 15, 2025

    4th Circ. Overturns Fee Award In Maryland Wage Dispute

    The Fourth Circuit upended an order awarding lower-than-requested fees to attorneys representing workers in an unpaid overtime lawsuit against a nail salon, ruling Tuesday that a lower court was wrong to give so much authority to Maryland hourly rate guidelines.

  • April 15, 2025

    DOJ Drops Equal Pay Suit Against Mississippi Senate

    A U.S. Department of Justice suit accusing the Mississippi state Senate of paying a Black attorney less than her white colleagues came to an end in federal court Tuesday after the government agreed to toss the case.

  • April 15, 2025

    McDonald's, Dunkin' Franchisees Resolve Child Labor Claims

    The owners of Dunkin' and McDonald's franchises in Massachusetts have reached settlements over allegations they violated the state's child labor laws, while a Subway franchise operator has been fined, according to a Tuesday press release.

  • April 15, 2025

    Hospital Co. Strikes $525K Deal To End Wage Suit

    A system of hospitals and medical facilities agreed to pay $525,000 to resolve a collective action accusing it of deducting pay from workers' paychecks for meal periods they rarely were able to take, an Arizona federal court filing said.

  • April 14, 2025

    Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction

    A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.

  • April 14, 2025

    8th Circ. Backs DOL's $255K Win In Misclassification Suit

    The Eighth Circuit declined Monday to upend a nearly $255,000 verdict in favor of the U.S. Department of Labor in its lawsuit accusing a nonemergency medical transportation company of misclassifying drivers as independent contractors, saying the company failed to show the scope of the trial was improper.

  • April 14, 2025

    Akerman Calls Back Labor And Employment Atty As Partner

    Management-side firm Akerman LLP added a partner to its labor and employment practice group in Chicago who is returning to the firm after seven years and called going back "a homecoming."

  • April 14, 2025

    Musk's X Sued Over Wash. Worker Severance Pay, Bonuses

    About 150 former Twitter workers in Washington have sued X Corp., saying that since Elon Musk took over and slashed its workforce, the social media platform has illegally refused to engage in arbitration over claims from laid-off workers who say they have been stiffed on promised severance pay and bonuses.

  • April 14, 2025

    DC Medical Drivers Get Partial Win In Wage Suit

    A class of drivers alleging a medical transportation services company didn't pay full wages succeeded on its claim that the firm is a general contractor to other companies that directly employed the drivers, but failed to show the firm was the workers' joint employer, a D.C. federal judge ruled.

  • April 14, 2025

    NCAA Wins Redacted Document Spat In Volunteer Coach Suit

    A group of plaintiffs suing the NCAA over suppressed wages for volunteer coaches lost its bid to force the organization to turn over an unredacted version of a particular document, with a Monday ruling asserting the information is protected by attorney-client privilege.

  • April 14, 2025

    Greenblatt Pierce Wins DuPont Wage Case Fee Spat With Atty

    Philadelphia firm Greenblatt Pierce Funt & Flores LLC has been awarded fees in a case against a former member who took over an employment class action against DuPont, with a city judge ruling that it was entitled to a piece of the settlement's fee for the work it put into the case.

  • April 14, 2025

    Ex-Reed Smith Atty Gets Review Of NJ Bias Damages Limit

    The New Jersey state appeals court has said it will consider a former Reed Smith LLP labor and employment lawyer's appeal of a ruling that damages in her gender discrimination suit against the firm can only go as far back as the start date of a New Jersey equal pay law.

  • April 14, 2025

    Judge Blocks $1.3M Deal In Background Checks Row

    A $1.3 million deal between workers and a logistics company they accused of not telling almost 30,000 job applicants they were undergoing background checks won't go forward because the children's charity that would receive unclaimed funds has no link to the workers, a California federal judge ruled.

  • April 11, 2025

    Dallas Jury Clears Omni Hotels Of Gender-Based Pay Bias

    A Dallas federal court jury on Friday cleared Omni Hotels Management Corp. of gender discrimination accusations in Omni's second go at defending against the suit before a jury, handing Omni a clean victory after the Fifth Circuit ordered a new trial.

  • April 11, 2025

    As Dems Seek To Raise Wage Floor, Others Float Abolishing It

    While Democrats in Congress try again to raise the federal minimum wage for the first time in more than 15 years, some libertarian policy observers call for doing away with the federal wage floor altogether, an argument they say makes more sense than ever before.

  • April 11, 2025

    Ex-Exec Alleges Rampant Sex Harassment At Car Auction Co.

    A female former human resources chief at an online vehicle auction company was fired for speaking up against male executives' unchecked sexual misconduct and reporting that women in leadership received less compensation than men, according to a complaint filed in Texas state court.

  • April 11, 2025

    Okla. Trucking Co. Accused Of Misclassifying Drivers

    A trucking company incorrectly classifies delivery drivers as independent contractors even though it controls "every aspect" of its drivers' work, according to a proposed class and collective action filed in Oklahoma federal court.

  • April 11, 2025

    Calif. Forecast: Tesla Seeks To Split Up WARN Suit

    In the coming week, attorneys should watch for a potential ruling on a motion to send a worker's individual WARN Act claims against Tesla to arbitration and stay or dismiss nonindividual claims the worker is bringing. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • April 11, 2025

    Ex-BofA Worker Seeks Class Status Over Unpaid PTO

    Bank of America applies the same nationwide policy of not paying unused vacation time when employees part ways with the company, a former lending officer said, urging a California federal court to grant her case class certification.

  • April 11, 2025

    Plumbing Co.'s Wage Talk Ban Was Illegal, NLRB Judge Says

    A plumbing company in Utah threatened to fire employees for talking about compensation and terminated a worker in violation of federal labor law, a National Labor Relations Board judge ruled, finding the owner of the business can't bar employees from discussing pay with one another.

  • April 11, 2025

    EPA Workers Allege Discrimination Over Indefinite Leave

    U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.

  • April 11, 2025

    Arbitration Pacts Doom Domino's Drivers' Wage Collective

    A proposed collective action accusing Domino's Pizza of refusing to properly reimburse drivers for delivery expenses cannot proceed, the company told a Michigan federal court, saying there are no identifiable drivers to take up the case who aren't subject to an arbitration agreement.

  • April 10, 2025

    Omni Hotel Underpaid Woman Due To Bias, Dallas Jury Hears

    Counsel for a woman accusing Omni Hotels Management Corp. of gender discrimination told a federal jury in Dallas on Thursday that the company paid her less than her three male predecessors, capping off the woman's second attempt at getting a verdict to stick after the Fifth Circuit ordered a new trial.

  • April 10, 2025

    3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row

    A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.

  • April 10, 2025

    Amazon Can Withhold Flex Driver Names In Tip Case For Now

    A Washington federal judge won't force Amazon to hand over the personal information of more than 150,000 delivery drivers to proposed class action members who claim they were all shortchanged on tips, saying the named plaintiffs haven't yet shown the data is relevant.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.