Wage & Hour

  • January 27, 2025

    Philly VA Worker Fired Over Pregnancy Leave, Suit Says

    A food service worker at the Philadelphia Veterans Affairs Medical Center was denied her leave and accommodation requests during her pregnancy and eventually fired for being absent too much, she said in a suit filed in Pennsylvania federal court.

  • January 27, 2025

    State Law Will Drive Detainee Employee Status

    A split Ninth Circuit opinion finding that applying Washington's minimum wage law to federal immigration detainees doesn't violate intergovernmental immunity shows the role state law will play in future battles over the employee status of those in civil detention, attorneys say.

  • January 27, 2025

    Harvard Lecturer Says Monthly Payroll Flouts Wage Law

    Harvard University is violating Massachusetts wage law by paying its faculty once a month rather than weekly or biweekly, an instructor alleged in a proposed class action filed in state court.

  • January 27, 2025

    Anthem Says Nurses Too Dissimilar For Collective Status

    Anthem urged a New York federal court to dismantle a collective of nurses who accused the healthcare company of incorrectly classifying them as overtime-exempt, saying the workers' jobs varied too much to let them proceed as a group.

  • January 24, 2025

    DOL Ends All Contractor Bias Probes Following Trump Order

    The U.S. Department of Labor on Friday halted all investigations and enforcement in the wake of President Donald Trump's executive order earlier this week pulling a longstanding, core legal authority used to prevent federal contractors from discriminating against workers.

  • January 24, 2025

    Colo. Judge Asks If Uber Pay Law Is Like Cigarette Warning

    A Colorado federal judge asked the state whether a law requiring Uber to disclose driver pay to riders can be compared to cigarette warning labels if riders are getting the information after a ride is completed, at a hearing Friday to consider whether to block the law from taking effect.

  • January 24, 2025

    Delivery Co. Flouted FLSA, Amazon Driver Claims

    An independent freight carrier that allegedly contracts with Amazon has been hit with a proposed class action in New York federal court claiming its delivery drivers are deprived of meal breaks, overtime pay and other wages.

  • January 24, 2025

    4 Pitfalls Employers Face When They Wean Off Remote Work

    President Donald Trump issued an executive order on his first day in office requiring nearly all federal employees to return to physical offices, a shift away from telework that some private sector companies are also embracing. Here, experts discuss four errors that private employers make when implementing return-to-work policies.

  • January 24, 2025

    Ill. Justices Say Performance Bonuses Count In OT Math

    Two workers will have another shot at arguing an electric company failed to pay the proper amount of overtime because state law doesn't exclude performance bonuses from overtime math, the Illinois Supreme Court ruled Friday.

  • January 24, 2025

    Healthcare Co. Gets Final OK On $14.5M Wage Deal

    An Oregon federal judge gave the green light to a $14.5 million settlement that resolves a 17,000-member class action accusing a healthcare company of failing to provide nurses and other hourly employees with uninterrupted meal periods.

  • January 24, 2025

    DOL, Office Cleaning Co. Reach $182K Deal In Wage Suit

    An office cleaning company will pay $182,500 to end a U.S. Department of Labor suit alleging it stiffed workers on overtime and minimum wages, according to a filing in Puerto Rico federal court Friday.

  • January 24, 2025

    Campbell's Unit Accused Of Failing To Pay For Off-Clock Work

    A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.

  • January 24, 2025

    Calif. Forecast: $3.6M Freight Co. Wage Deal Could Get OK'd

    In the next week, attorneys should watch for the potential final approval of a $3.6 million settlement in a wage and hour class action against a freight carrier. Here's a look at that case and other labor and employment matters on deck in California.

  • January 24, 2025

    Employment Group Of The Year: Shegerian & Associates

    Shegerian & Associates won two jury trials for an oncologist in her gender discrimination lawsuit and secured a $14 million award for a bank manager who was fired for taking leave to care for her critically ill husband, earning the firm a place among the 2024 Law360 Employment Groups of the Year.

  • January 24, 2025

    'Anora' Highlights Exotic Dancer Classification Debate

    The film "Anora," which has now received six Oscar nominations, including one for Best Picture, sheds light on wage and hour issues involving exotic dancers, who frequently bring claims stemming from their independent contractor classification. Here, Law360 explores the issue.

  • January 24, 2025

    NY Forecast: Judge Hears YouGov's Bid To Toss Bias Suit

    This week, a New York federal judge will consider YouGov's bid to toss a former executive's lawsuit claiming she was discriminated against because of her gender and ultimately forced to resign after she complained about her treatment.

  • January 24, 2025

    Communications Contractor Inks $190K Deal To End OT Suit

    A communications construction contractor will pay $190,000 to end a proposed class and collective action alleging it failed to pay field workers overtime wages for hours worked over 40 per week, according to a filing in Pennsylvania federal court Friday.

  • January 24, 2025

    Fifth Third, United Accused Of Using Prepaid Cards For Wages

    Fifth Third Bank and a slew of other companies, including United Airlines, compensated employees through prepaid cards that required workers to pay fees to get their wages, a worker said in a proposed class action filed in California state court.

  • January 24, 2025

    Circle K Fails To Pay For Travel Costs, Manager Says

    Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.

  • January 23, 2025

    Limits On Biden's Contracting Power Could Also Hinder Trump

    A Trump administration order barring federal contractors from engaging in diversity, equity and inclusion programs could face court challenges, following the path of decisions rejecting the Biden administration's arguments it had statutory authority for minimum wage and vaccine requirements.

  • January 23, 2025

    Wash. Justices Back Workers' View On Moonlighting Law

    Washington's highest court clarified on Thursday that the state's moonlighting protections shield low-wage workers from noncompete terms that would outright ban them working for any competitor in any capacity, concluding that employers must narrowly tailor such restrictions to be line with employees' common-law duty of loyalty.

  • January 23, 2025

    Security Officers Say NYPD Pays Late For Off-Duty Work

    The New York Police Department pays officers months late for their time spent performing off-duty uniformed security work for participating businesses, according to a proposed class and collective action filed in New York federal court Thursday.

  • January 23, 2025

    Federal Agencies Must Order Full Return To Office By Friday

    Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.

  • January 23, 2025

    SeaWorld Worker's Wage Suit To Stay In Calif. Federal Court

    A suit alleging SeaWorld didn't properly pay workers and failed to provide meal and rest periods will not move back to California state court, a federal judge ruled, saying the worker behind the case made "incorrect factual statements" about SeaWorld's calculations regarding the amount of money at stake.

  • January 23, 2025

    Walmart Strikes Deal To End Delivery Driver's Wage Suit

    Walmart reached a deal to resolve a former worker's lawsuit accusing the company of misclassifying its app-based delivery drivers as independent contractors and failing to provide them the guaranteed wages, breaks and benefits owed to employees, a filing in Washington federal court said.

Expert Analysis

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.