Wage & Hour

  • February 05, 2025

    Bartender Gets Collective Status In Unpaid Wages Suit

    A Maryland federal judge greenlighted a collective of servers and bartenders in their lawsuit accusing a Creole restaurant of unlawfully claiming a tip credit to pay workers lower wages but then withholding some of their tips, finding the workers to be sufficiently similar.

  • February 04, 2025

    Amazon Wants Drivers Locked Out Of Collective Wage Suit

    Amazon is asking a Washington federal judge to oust nearly a dozen plaintiffs from a collective action accusing the e-commerce giant of misclassifying Amazon Flex delivery drivers as independent contractors, claiming the individuals failed to comply with a court-ordered discovery deadline last month.  

  • February 04, 2025

    1st Circ. Doubts Arbitration Bid 4 Years Into Au Pair Wage Row

    The First Circuit on Tuesday questioned an au pair placement agency's assertion that it is still entitled to force wage violation claims into arbitration in Switzerland despite more than four years of U.S. litigation and one prior trip to the appellate court.

  • February 04, 2025

    5th Circ. Backs Biden's Gov't Contractor Wage Hike

    The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.

  • February 04, 2025

    Southwest Worker Says Airline Only Paid For In-Flight Time

    Southwest Airlines only compensated flight attendants for the time between a plane's departure from its gate and arrival at its destination, disregarding the work they performed outside that time frame, according to a proposed class action the company removed to Colorado federal court. 

  • February 04, 2025

    Battery Co. Wants 3rd Circ. Redo In $22M Wage Suit

    A Third Circuit panel disregarded U.S. Supreme Court precedent when affirming a $22 million verdict for Pennsylvania battery manufacturer workers in a suit over time spent donning and doffing gear before and after shifts, the company said, urging the full appeals court to step in.

  • February 04, 2025

    Pa. Fines Allegheny Co. Contractor For Misclassified Workers

    An Allegheny County contractor will pay $144,000 to settle claims from the Pennsylvania Department of Labor and Industry that it had misclassified nearly 200 workers, the department announced Monday.

  • February 04, 2025

    Insurer Points To Limits In McDonald's Franchisees' Policies

    An insurer told a Washington federal court that it owes limited coverage to two McDonald's franchisees it insures in suits accusing them of illegally withholding specific pay figures in job postings. 

  • February 04, 2025

    Entertainment Cos. Stiff Workers On Wages, Suit Says

    A former stagehand is suing the entertainment companies behind Coachella and many sporting events in California state court, saying she and other hourly workers are required to drive as much as three hours away from their homes for work without any compensation.

  • February 04, 2025

    Ex-Littler, Paul Hastings Atty Picked As Acting EEOC Top Cop

    President Donald Trump on Tuesday tapped a top aide to the U.S. Equal Employment Opportunity Commission's acting head for the role of the agency's acting general counsel, elevating an attorney who formerly worked for Paul Hastings LLP and Littler Mendelson PC.

  • February 04, 2025

    Quest Strikes Deal To End Suit Over Off-Clock Work

    Quest Diagnostics reached a $25,000 deal to resolve a former call center agent's suit alleging she was stiffed on wages for the time she spent booting up her computer and shutting down the programs after work, a filing in New Jersey federal court said.

  • February 03, 2025

    U. Of Alabama Can't Ax Military Family Leave Suit At 11th Circ.

    The University of Alabama at Birmingham can't escape a former researcher's lawsuit claiming she was disciplined for not working while on leave to care for her daughter in the Marines Corps, the Eleventh Circuit said Monday, ruling states don't have sovereign immunity to military-related provisions of federal family leave law.

  • February 03, 2025

    Yale Hospitals Short Workers By Rounding Time, Suit Says

    The Yale New Haven Health System systematically modified and rounded workers' time sheets, leading to unpaid wages, according to a proposed class and collective action filed Monday in Connecticut federal court.

  • February 03, 2025

    Schumer Warns Of 'Hostile Takeover' From DOGE

    Top Senate Democrats on Monday railed against access granted to Elon Musk's Department of Government Efficiency that allowed the outfit's employees to tap into the U.S. Department of Treasury's federal payment system over the weekend.

  • February 03, 2025

    Ex-Geico Sales Rep. Seeks Class Cert. In Overtime Suit

    A former Geico call center worker asked a Georgia federal judge Friday to certify a proposed class of more than 1,000 sales representatives who say the insurance company required them to do unpaid work before and after their shifts, as well as on their lunch breaks.

  • February 03, 2025

    Amazon Military Leave Class Should Be Certified, Judge Says

    A New York federal judge recommended on Monday greenlighting class treatment for more than 9,000 military reservists who accused Amazon of failing to fully provide paid leave for employees on active duty, saying the workers have shown the employment policies at issue apply to all of them.

  • February 03, 2025

    NCAA Settles College Baseball Coaches' Wage-Fix Suit

    The NCAA and a group of Division I volunteer baseball coaches have reached a settlement "in principle" to end a proposed antitrust class action that challenged the organization's since-repealed "uniform wage fix" bylaw that prevented volunteer coaches from getting compensated market value for their services.

  • February 03, 2025

    EMS Workers Say Court Misunderstands Their Compensation

    Emergency medical services workers told a North Carolina federal court that it's incorrectly examining their unpaid wage claims through an hourly pay legal standard instead of recognizing that they were paid on a salary basis, and the court should revisit their summary judgment motion.

  • February 03, 2025

    Drexel Owes Prof $350K After Equal Pay Jury Win, Judge Says

    A Pennsylvania federal judge said Drexel University owes a philosophy professor $350,000 in damages after a jury found she was willfully paid less than male colleagues out of bias, rejecting the university's position that the award should be reduced because it did not deliberately violate equal pay laws.

  • February 03, 2025

    Former Acting DOL Head Heads To Harvard As Spring Fellow

    Former acting Labor Secretary Julie Su will join the Harvard Kennedy School Institute of Politics as a spring 2025 fellow, the university announced.

  • February 03, 2025

    NY Home Care Co., DOL Strike $2.6M Deal To Halt OT Suit

    A New York-based home care company will pay nearly $2.6 million to end a U.S. Department of Labor suit alleging it failed to pay domestic service employees their proper overtime rates, according to a federal court filing.

  • February 03, 2025

    Cushman Worker Can Sue For Late Payments, NY Judge Says

    A former Cushman & Wakefield employee can proceed with claims that the real estate services firm flouted New York's pay deadlines, a federal judge ruled, saying the worker has the right to pursue those allegations under state law.

  • January 31, 2025

    Pipeline Inspector Asks Justices To Deem Him An Employee

    A former pipeline inspector for energy industry service provider Killick Group has petitioned the U.S. Supreme Court to review a Fifth Circuit decision classifying him as an independent contractor not eligible for overtime, saying Friday the high court should resolve a circuit split on the factors determining employee status.

  • January 31, 2025

    SpaceX Likely To Beat Sanctions Bid In Pay Equity Case

    A California state judge said Friday that he probably won't sanction SpaceX for supposedly missing a deadline to pay an arbitration retainer tied to a proposed class action accusing Elon Musk's aerospace company of underpaying women and minorities.

  • January 31, 2025

    Trump Order Tees Up False Claims Act As Anti-DEI Weapon

    President Donald Trump’s push to curtail diversity, equity and inclusion programs included an executive order that experts say contains evidence that the False Claims Act will be used against employers that don’t come to heel. Here's a look at three things employers should be aware of.

Expert Analysis

  • 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.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.