Wage & Hour

  • April 10, 2025

    Congressional Bill Would Amend FMLA To Bar Clawbacks

    Employers would be forbidden to recover health insurance costs from workers who use the federal Family and Medical Leave Act and then choose not to return to work under a bill introduced in Congress. 

  • April 10, 2025

    CSX Accused Of Punishing Workers For FMLA Leave

    Railroad giant CSX Transportation Inc. discourages and punishes its employees who miss work under the Family and Medical Leave Act through an attendance point system and scare tactics, according to a federal lawsuit filed by a conductor in North Carolina.

  • April 10, 2025

    Mental Health Co. Workers Challenge Unpaid-Training Ruling

    A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.

  • April 10, 2025

    Union Groups Say DOD Must Follow Biden Labor Pact EO

    The U.S. Department of Defense violated a Biden-era executive order by saying it won't use project labor agreements on large-scale construction projects, two labor organizations told a Washington, D.C., federal judge, saying the executive order is still valid despite a successful challenge to it before the Court of Federal Claims.

  • April 10, 2025

    Construction Co. Strikes $182K Deal To End DOL Wage Suit

    A construction company agreed to pay $182,500 to 82 workers to resolve a lawsuit from the U.S. Department of Labor accusing the firm of misclassifying workers as independent contractors to avoid paying them overtime wages, a filing in Tennessee federal court said.

  • April 10, 2025

    Ill. Ambulance Co. Accused Of Denying Overtime Pay

    An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.

  • April 10, 2025

    DraftKings Engineer's Suit Over Parental Leave Narrowed

    A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.

  • April 10, 2025

    Staffing Co. Says It Didn't Employ Target Kiosk Workers

    Workers employed by a sales company in jobs at Target cellphone kiosks can't support their claims that an affiliated staffing firm jointly employed them, the staffing firm told a California federal court, arguing their wage and hour claims against it must fall.

  • April 10, 2025

    Colo. Health System Wants Nurses' Wage Suit Trimmed

    A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.

  • April 09, 2025

    Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit

    Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.

  • April 09, 2025

    9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'

    A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."

  • April 09, 2025

    3 Tips For Running A Compliant Internship Program

    Companies developing their summer internship programs must ensure they give participants educational opportunities and avoid relying on interns to add bottom-line value, especially if the programs are unpaid. Here, Law360 explores three tips to structure an internship program.

  • April 09, 2025

    Home Health Co. Fails To Pay Aides' Travel Time, Worker Says

    A home healthcare company requires aides to travel to various patients' homes throughout their workdays but fails to compensate them for this time spent traveling, a proposed class and collective action filed Wednesday in Ohio federal court said.

  • April 09, 2025

    Twitter Seeks To Strike Arbitrations In Severance Fight

    Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.

  • April 09, 2025

    Seattle Hospital Agrees To Pay $16M To End Meal Break Suit

    Seattle Children's Hospital has agreed to pay $16 million to settle a proposed class action brought by hospital workers who say they were denied required meal breaks in violation of Washington wage and hour laws.

  • April 09, 2025

    Trial Court Too Tough On Laundromat Bias Suit, 2nd Circ. Says

    The Second Circuit reinstated a Black laundromat worker's suit claiming she was fired for complaining that her supervisor made racist comments and for requesting working adjustments due to a broken thumb, ruling Wednesday a lower court improperly tanked the case based on her "self-serving" testimony.

  • April 09, 2025

    Female Teachers Must Identify Specific Men In Pay Bias Case

    A Pennsylvania federal judge on Wednesday refused to grant a posttrial win to two female teachers who accused a school district of paying women less than men and told the women to identify more specific male counterparts for the forthcoming second trial.

  • April 09, 2025

    Essential Oil Co. Settles Dispute Over OT Math

    An essential oil company settled a Fair Labor Standards Act collective suit by employees alleging it left bonuses out of overtime math, according to a filing in Utah federal court.

  • April 09, 2025

    5th Circ. Pauses Contractor Rule Challenge Amid DOL Review

    The Fifth Circuit halted a group of companies' challenge to a Biden-era independent contractor rule determining workers' classification under the Fair Labor Standards Act after the U.S. Department of Labor said it was reconsidering the rule.

  • April 09, 2025

    Mortgage Lender Misclassifies Underwriters, Worker Says

    A mortgage lender unlawfully classifies underwriters as exempt from earning overtime pay despite their job duties not falling under the requirements to warrant exemption, according to a proposed class and collective action filed in Georgia federal court.

  • April 08, 2025

    2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal

    A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.

  • April 08, 2025

    Starbucks Tears Into Missouri AG's 'Defective' DEI Lawsuit

    Starbucks urged a Missouri federal judge to toss a suit from the state's attorney general claiming the company employs diversity quotas that discriminate against white and male applicants, arguing the state hasn't presented any evidence that its diversity, equity and inclusion policies have negatively affected Missourians.

  • April 08, 2025

    9th Circ. To Hear Remaining AB 5 Challenge

    A Ninth Circuit panel is set to hear arguments Wednesday in likely the last ongoing high-profile challenge to California's Assembly Bill 5, leaving a potential path to striking down the independent contractor classification law's application to the trucking industry.

  • April 08, 2025

    Pharmaceutical Co. Fails To Pay All Wages, Workers Say

    A pharmaceutical company unlawfully shaves off the time workers spend putting on and taking off sanitary clothing, thus causing their overtime pay to decrease, a proposed collective action filed in New Jersey federal court said.

  • April 08, 2025

    Grubhub, Driver Reach Deal In Almost 10-Year-Long Wage Suit

    A California federal court said that a former Grubhub delivery driver settled his almost 10-year-long lawsuit in which he claimed the food delivery company misclassified him as an independent contractor, vacating a bench trial.

Expert Analysis

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.