Wage & Hour

  • April 07, 2025

    Wage Access Co. Says NY AG Threatened Suit, Seeks Relief

    Earned-wage access provider DailyPay sued Letitia James on Monday seeking a declaratory judgment that its payments do not constitute loans under New York law or violate federal and state laws, alleging the state attorney general has effectively declared all such products illegal.

  • April 07, 2025

    Former Workers Say X. Corp Refuses To Arbitrate Their Claims

    A group of former Twitter employees is trying to force the company now known as X to arbitrate the workers' challenges to allegedly unlawful actions taken after Elon Musk's acquisition of the platform, claiming the social media giant is preventing their cases from moving forward by refusing to pay the full arbitration fees.

  • April 07, 2025

    Ohio Hospital Illegally Conducted Mass Layoffs, Workers Say

    An Ohio hospital abruptly laid off more than 100 workers without notice and failed to pay many of those employees their final paychecks, a proposed class action filed in federal court said.

  • April 07, 2025

    Freelancers Lack Standing In Contractor Rule Fight, DOJ Says

    The federal government told the Eleventh Circuit that four freelance writers didn't have standing to challenge former President Joe Biden's final independent contractor rule, adding that the U.S. Department of Labor is currently reconsidering the rule under the new administration.

  • April 07, 2025

    NYPD Officers Drop Wage Suit Over Late Payments For Now

    Several New York Police Department officers agreed to end their proposed class and collective action alleging that the department pays officers months late for time spent performing off-duty uniformed security work for participating businesses, but they left the door open for continued litigation, according to a federal court filing.

  • April 07, 2025

    Drivers Say Amazon Attys Covertly Contacted Class Members

    Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.

  • April 07, 2025

    Teamsters Unit Seeks Early Win For Reinstatement Award

    A Teamsters local urged a Missouri federal court to uphold an arbitration award requiring Unilever to reinstate an employee who was let go for allegedly falsifying company records, arguing the arbitrator issued a reasonable decision that the worker was fired without just cause.

  • April 07, 2025

    Whole Foods To Settle Bonus Manipulation Suit

    Whole Foods has agreed to resolve a lawsuit claiming the grocery chain rigged an employee bonus program to reduce payouts to workers, according to a filing in D.C. federal court.

  • April 07, 2025

    Woody Allen Resolves Private Chef's Military Leave Suit

    Woody Allen struck a deal with his former private chef to resolve his suit accusing the filmmaker of abruptly firing him after he took time off to participate in military exercises as a member of the U.S. Army Reserve, a filing in New York federal court said.

  • April 07, 2025

    Texas County Settles Atty's Disability Suit On Eve Of Trial

    A Texas federal court tossed an attorney's suit accusing Harris County, Texas, of failing to accommodate his leave requests and instead punishing him with a negative performance review after the parties said they reached a deal ahead of trial.

  • April 07, 2025

    High Court Won't Hear Case On Employee Status Of Inmates

    The U.S. Supreme Court declined on Monday to review a Fourth Circuit opinion finding that inmates working at a Baltimore County, Maryland, recycling facility might be covered by the Fair Labor Standards Act and entitled to minimum wages.

  • April 04, 2025

    Airport Staffing Co. Hit With Colo. Holiday Overtime Pay Suit

    Two Colorado residents who worked at the Denver International Airport have sued the staffing company that employed them, accusing it in state court of shorting them on overtime by failing to factor in their holiday incentive pay.

  • April 04, 2025

    NY Forecast: 2nd Circ. Weighs OK Of Disputed Settlement

    This week, the Second Circuit will consider whether to reverse a Connecticut federal judge's decision giving final approval to a class and collective action settlement between a home health care company and workers based on a memorandum of understanding that the company claims is unenforceable.

  • April 04, 2025

    NJ Panel Rules Troopers' CBA Unclear On OT Math

    An arbitrator correctly tossed a New Jersey State Police troopers union's grievance over overtime calculations because the collective bargaining agreement is ambiguous on which benchmark to use, a state appellate panel ruled Friday.

  • April 04, 2025

    Crypto Firm Shorted Exec On Wages And Commissions, Suit Says

    The former chief commercial officer of a cryptocurrency startup accused the company of reneging on its promise to pay him wages and coin commissions for his work facilitating the firm's registration and legal trading in Canada, in a new lawsuit filed in New York federal court.

  • April 04, 2025

    Seattle Children's Faces Class Action Over Nurse Meal Breaks

    A Washington nurse has filed a proposed class action alleging Seattle Children's Hospital broke state law by failing to schedule or provide mandatory rest and meal breaks, in a state court complaint that said the problem was made worse by understaffing during the COVID-19 pandemic.

  • April 04, 2025

    Calif. Forecast: AB 5 Trucking Challenge Back At 9th Circ.

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a challenge to California's independent contractor classification law by trucking industry groups and two drivers, a case that previously went before the appeals court. Here's a look at that case and other labor and employment matters coming up in California.

  • April 04, 2025

    Fox Rothschild Employment Atty Joins Pierson Ferdinand

    Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.

  • April 04, 2025

    Drexel Can't Get New Trial In Prof's Equal Pay Suit

    Drexel University cannot unravel a $355,000 award for a philosophy professor after a jury found she was willfully paid less than her male colleagues out of bias, a Pennsylvania federal judge ruled Friday, saying the court wouldn't rethink disciplining the university for failing to provide pertinent pay data.

  • April 04, 2025

    Child Therapists Reach $127K Deal To End Wage Suit

    A Georgia children's therapy provider agreed Friday to pay about $127,000 to resolve a collective action accusing it of failing to pay registered behavior technicians for time they spent working before appointments, performing administrative work and doing other off-the-clock work.

  • April 03, 2025

    Swedish Health Services Found Liable For Wage Violations

    A Washington state judge has put Seattle-area hospital system Swedish Health Services on the hook for state wage law violations in an employee class action, finding workers were shortchanged by its timekeeping practices and failure to provide a second meal break on longer shifts.

  • April 03, 2025

    Colo. Orthodontist Says Dentist Group Owes $400K In Wages

    A dentist group owes a Colorado orthodontist more than $400,000 in wages and fired him for participating in a Texas arbitration involving the company, according to a lawsuit filed in Colorado state court.

  • April 03, 2025

    UFC Asks Court To Deny Class Cert. In Fighters' Antitrust Suit

    UFC has urged a Nevada federal court not to certify a class of fighters in the second antitrust lawsuit it is facing over allegedly suppressed wages, saying the class is legally defective because the plaintiffs who filed the lawsuit cannot represent the group of fighters.

  • April 03, 2025

    Anheuser-Busch Gets Manager's Unpaid OT Suit Arbitrated

    A former shift manager at Anheuser-Busch must arbitrate his claims that the company misclassified him as a manager to avoid paying him overtime, a Delaware federal judge ruled Thursday, saying his claims fall squarely within a dispute resolution agreement he signed.

  • April 03, 2025

    Rent-A-Center Faces PAGA Suit Over Unpaid OT Claims

    A rent-to-own company and several alter-ego companies pressured employees to meet productivity quotas despite being understaffed and discouraged them from recording off-the-clock work, a worker alleged in a suit brought under California's Private Attorneys General Act in state court.

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.