Wage & Hour

  • February 20, 2025

    Worker Says Wilson Sports Co. Firing Tied To Paternity Leave

    A former Wilson Sporting Goods Co. employee has filed a Minnesota federal lawsuit accusing the company of firing him for taking parental leave in violation of the Family and Medical Leave Act.

  • February 20, 2025

    Unions Demand Insight Into DOGE's Agency Audits

    Worker and consumer advocates asked a D.C. federal judge Thursday to make the Department of Government Efficiency detail its probes into three federal agencies, arguing the information is needed to resolve their claims that the new entity's audits violate the public's privacy rights.

  • February 20, 2025

    Law Firm Can't Ax Sex Assault Claim In Ch. 11, Court Told

    A former intern for the bankrupt Law Office of George T. Peters PLLC has sued the New York City firm's bankruptcy estate, seeking to ensure that her sexual assault claim against its name partner is not discharged in Chapter 11.

  • February 20, 2025

    2nd Circ. Agrees Parts Of NY Ag Labor Law Can Stand

    Portions of a New York agricultural labor law related to a card-check process for unionization and impasse arbitration can stand, the Second Circuit ruled, upholding a lower court's partial denial of an injunction bid from a farming group based on due process and other constitutional claims.

  • February 20, 2025

    Md. Restaurant Operator, DOL Ink $475K Deal In Wage Suit

    The operator of several restaurants in Maryland will pay approximately $475,000 to end a U.S. Department of Labor suit alleging he made improper deductions from workers' wages and stiffed them on overtime and minimum wage rates, according to federal court papers filed Thursday.

  • February 20, 2025

    Salon Can't Deduct Product Costs From Pay, Colo. Panel Says

    A Colorado Court of Appeals panel on Thursday found a Denver hair salon's agreement with a cosmetologist deducting the cost of hair care products from her pay was improper, finding those expenses were part of the salon's cost of doing business and can't be shifted to employees.

  • February 20, 2025

    Bally's And Casino Game Dealers Settle Wage, Tip Suit

    Table game dealers at Bally's Corp. and its Delaware casino have reached a settlement with the company to end their suit alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay, according to a Delaware federal court filing.

  • February 19, 2025

    Judge Criticizes Gov't For Fighting $7K Navy Back Pay Claim

    A Court of Federal Claims judge has remanded a former U.S. Navy seaman's back pay dispute after admonishing the government for fighting against the "relatively small" $7,000 claim despite the Navy having effectively admitted it was wrong.

  • February 19, 2025

    Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit

    Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.

  • February 19, 2025

    Farmworker Advocates Seek Block On DOL Visa Approvals

    A farmworker union called on a Washington federal court to stop the U.S. Department of Labor from approving H-2A job orders that do not pay prevailing wages, arguing the practice depresses domestic wages.

  • February 19, 2025

    Paper Co. Can't Fully Escape Severance Benefits Suit

    A former employee of a pulp and paper company can proceed with a severance benefits suit because a factual dispute exists, a Tennessee federal court ruled, though the court agreed to dismiss one of the claims and a defendant.

  • February 19, 2025

    Chicago's Art Institute School Hit With Age Bias Claims

    The School of the Art Institute of Chicago is facing age bias claims from its former chief engineer, who says in a federal suit that the school illegally gave his job to a younger colleague and switched its property manager while he was on leave.

  • February 19, 2025

    Retired NJ Judge Sues Town For Unused Vacation, Sick Time

    The retired chief judge of the Belleville Municipal Court sued the township this week in New Jersey state court alleging that it is refusing to cover her medical benefits and pay her for unused sick and vacation time from her 27 years as an employee.

  • February 19, 2025

    NC Nurse Practitioners Sue Over Commission-Only Pay

    A pair of North Carolina nurse practitioners accused the medical office they used to work for in Jackson County of only paying them commission for services rendered, not making up the difference when those commissions fell below minimum wage and failing to pay overtime.

  • February 19, 2025

    Credit Union, Worker Ink Deal To End Off-The-Clock Work Suit

    A North Carolina credit union has agreed to shell out approximately $53,000 to end a suit in federal court accusing it of requiring call center agents to perform work before and after their shifts without being compensated accordingly.

  • February 18, 2025

    Trump Exec Order Expands Control Over Independent Agencies

    President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.

  • February 18, 2025

    DOL Wants Trial For Tenn. Pork Farm Retaliation Suit

    A Tennessee federal judge should let a jury consider a lawsuit accusing a Henry County pork producer of retaliating against two H-2A workers who filed a complaint over unpaid wages, the U.S. Department of Labor said Tuesday.

  • February 18, 2025

    Campbell Drivers' NC Claims Preempted, Court Told

    Claims under North Carolina state law by a proposed class of Campbell Soup Co. drivers who alleged they were misclassified as independent contractors instead of employees must be tossed because they're preempted by the federal law, the food giant argued Tuesday.

  • February 18, 2025

    Judge Won't Hold DOL In Contempt In Farmworker Wage Suit

    A Washington federal judge has rejected a farmworker union's claims that the U.S. Department of Labor violated a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.

  • February 18, 2025

    Tyson Accused Of Misclassifying Supervisors As OT-Exempt

    Tyson Foods misclassified production supervisors as overtime-exempt even though they performed nonmanagerial work, a former employee claimed in a proposed class and collective action filed Tuesday in Arkansas federal court.

  • February 18, 2025

    States Ask 5th Circ. To Rethink Contractor Wage Hike Ruling

    Republican attorneys general in Texas, Mississippi and Louisiana called on the full Fifth Circuit to reconsider a panel's decision backing the Biden administration's contract worker minimum wage hike, saying the ruling contradicts at least 11 other precedential decisions.

  • February 18, 2025

    Customer Service Co. Required Unpaid Tech Work, Suit Says

    A customer service company failed to pay call center workers for the time they spent either setting up their computers or troubleshooting the computers, according to a proposed class and collective action in Kentucky federal court.

  • February 18, 2025

    Landscaping Co. Says Workers Exempt From Earning OT

    A landscaping company urged a Kansas federal court to grant it a win in a workers' class action accusing it of stiffing them on overtime wages, saying by loading trucks and performing safety checks on trailers, the workers fall under a Fair Labor Standards Act exemption.

  • February 18, 2025

    FedEx Contractor Driver Scores Victory In Overtime Suit

    A FedEx contractor will pay $5,000 to a driver who claimed he was misclassified as a salaried employee and cheated out of overtime as a result, as a New York federal court signed off Tuesday on a judgment agreed on by the parties.

  • February 17, 2025

    Labor Groups Denied Block On DOGE's Agency Access

    A Washington, D.C. federal judge again declined to block Elon Musk's Department of Government Efficiency from accessing three federal agencies' data, saying worker and consumer advocates haven't shown that the department's agents don't belong.

Expert Analysis

  • 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.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.