Wage & Hour

  • March 11, 2025

    California Entities Escape State Judge's Underpayment Suit

    A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.

  • March 11, 2025

    Bipartisan Bill Penalizing Child Labor Violations Reintroduced

    A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.

  • March 11, 2025

    Staffing Co. Recruiters Certified As Class, Collective In OT Suit

    A group of recruiters showed that the staffing agency they accused of misclassifying them as overtime-exempt under federal law applied the same policies to its workforce, a Pennsylvania federal judge ruled, greenlighting a collective and several classes.

  • March 10, 2025

    Whole Foods Workers Can't Have Class Cert. In Bonus Suit

    A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    Recycling Firm, Executive Must Face Sex, Pay Bias Suit

    A Chicago-area recycling company can't dodge a former acting executive's claims that she was fired after repeatedly complaining that she wasn't being properly compensated and enduring consistent sexual harassment, with a Michigan federal judge ruling Monday her lawsuit was detailed enough to proceed to discovery.

  • March 10, 2025

    Senate Confirms Trump's Labor Secretary Pick

    The U.S. Senate confirmed President Donald Trump's nominee for labor secretary Monday evening, with support from more than a dozen Democrats and opposition from some members of the nominee's own party.

  • March 10, 2025

    Hearthside Can Keep 3rd-Party Releases In Ch. 11 Plan

    A Texas bankruptcy judge Monday agreed to confirm a Chapter 11 plan for the bankrupt parent of snack maker Hearthside Food Solutions, overruling an objection from the U.S. Trustee's Office alleging the plan would summarily do away with wage and labor claims against the debtor through nonconsensual releases.

  • March 10, 2025

    AFL-CIO, Unions Defend Fight Against DOGE Access

    The AFL-CIO and a group of unions sought to keep alive their claims that Elon Musk's Department of Government Efficiency can't legally access data from the U.S. Department of Labor and other federal agencies, telling a D.C. federal judge they have standing to file their suit.

  • March 10, 2025

    Trade Groups Take Minn. Classification Law To 8th Circ.

    A coalition of trade groups will take to the Eighth Circuit a Minnesota federal judge's decision denying their bid to halt a state law imposing hefty fines on companies that misclassify workers as independent contractors.

  • March 10, 2025

    Truckers Win Conditional Class Treatment For Wage Dispute

    An Illinois federal judge said he would give conditional class treatment to truck drivers who say Forsage Logistics Inc. and its owner illegally misclassified them as independent drivers and failed to pay them all wages they're owed.  

  • March 10, 2025

    Ex-Worker Says Kroger Fails To Pay For Off-Shift Tasks

    Kroger requires employees to put on and take off sanitary clothing before and after their shifts but fails to compensate them for this time and causes them to lose out on overtime wages, a proposed collective action filed Monday in Ohio federal court said.

  • March 10, 2025

    EEOC Strikes $26K Deal In Gender Pay Gap Case

    A healthcare provider will shell out $26,000 in a U.S. Equal Employment Opportunity Commission suit accusing it of wage discrimination, after a Pennsylvania federal judge signed off on the deal Monday.

  • March 10, 2025

    Amazon Worker Can't Seal Military Leave Settlement

    A worker who settled his suit accusing Amazon of not promoting him because of his military service can't file the deal under seal, according to a Washington federal judge's Monday ruling — which also said the agreement doesn't need to hit the docket.

  • March 10, 2025

    Amazon Workers Want Partial Win In COVID Screenings Suit

    A class of Amazon employees urged a Pennsylvania federal court to partially grant them a win in their suit accusing the e-commerce giant of forcing workers to undergo unpaid COVID-19 screenings, saying the state's high court has already ruled that this time is compensable.

  • March 10, 2025

    Denver Strip Clubs Challenge $14M Wage Theft Fines

    The city of Denver engaged in "shocking and unconstitutional government overreach" by conducting unlawful probes into a group of strip clubs' pay practices and ordering them to pay almost $14 million in fines, the entities told a Colorado federal court.

  • March 10, 2025

    Trucking Co. Taking Independent Contractor Rule To 10th Circ.

    A trucking company told a New Mexico federal court that it will appeal to the Tenth Circuit a ruling rejecting its bid to block the U.S. Department of Labor's new rule for classifying independent contractors.

  • March 10, 2025

    Caddies Say Country Club Willfully Misclassified Them

    Golf caddies urged a New York federal judge to keep in play their proposed class action accusing a country club of misclassifying them as independent contractors to avoid paying them wages, saying their new complaint sufficiently shows that their former employer's actions were willful.

  • March 10, 2025

    Supreme Court Won't Review FLSA Overtime Exemption

    The U.S. Supreme Court declined on Monday to consider whether an employer's line of business, rather than a worker's job duties, determines if an employee is exempt from overtime under the Fair Labor Standards Act.

  • March 07, 2025

    Judge OKs Atlanta Strip Club's Wage Theft Settlement

    A Georgia federal judge signed off Thursday on a $119,000 deal to end a suit between an Atlanta strip club and a former server who said the club stole her wages through an allegedly unlawful tip pooling scheme.

  • March 07, 2025

    Trucker Overtime Carveout Is Focus Of Reintroduced Bill

    A bipartisan group of lawmakers introduced a bill that would nix a Fair Labor Standards Act carveout making certain truck drivers overtime-exempt.

  • March 07, 2025

    Morgan Lewis Scoops Up Reed Smith Employment Atty

    Morgan Lewis & Bockius has added a seasoned employment law attorney from Reed Smith to its Chicago office, bringing on a lawyer with more than two decades of experience litigating disputes ranging from benefits law to whistleblower complaints.

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Calif. Forecast: SF Transit Agency Seeks Vax Judgment Stay

    In the coming week, attorneys should keep an eye out for the potential stay of a judgment pending an appeal in a vaccine mandate case against San Francisco's rapid transit agency. Here's a look at that case and other labor and employment matters coming up in California.

Expert Analysis

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.