Wage & Hour

  • January 23, 2025

    Employment Group Of The Year: Paul Hastings

    Paul Hastings LLP represents major companies like Nike and Google, and handled overlapping discrimination government investigations against video game company Activision Blizzard, ultimately notching settlements that closed the book on both probes, earning the firm a spot among the 2024 Law360 Employment Groups of the Year.

  • January 23, 2025

    GOP Divided On Ending Lower Wages For Disabled Workers

    The future of a Biden-era U.S. Department of Labor proposal to eliminate the subminimum wage for workers with disabilities is uncertain, as Republicans appear divided on the issue.

  • January 23, 2025

    Tech Co. Scores Win In Ex-Worker's FMLA Suit

    A former payroll analyst for a technology company failed to support her claims that she was fired because she took one month of leave, a Washington federal judge ruled, tossing her Family and Medical Leave Act suit.

  • January 23, 2025

    Calif. Appeals Court Backs Apprentice Work Regulations

    A California appeals court refused to reinstate a challenge from several employer associations seeking to strike down new regulations governing how apprentices can spend their time working, saying the California Apprenticeship Council was in the clear to promulgate the new rules.

  • January 22, 2025

    Apple Can't Yet Ditch Bulk Of Proposed Pay Bias Class Action

    A California state judge refused to ax the majority of a proposed class action accusing Apple of systematically underpaying women employees, ruling that, at this stage, the workers have adequately alleged violations of the California Equal Pay Act and disparate treatment under the Fair Employment and Housing Act.

  • January 22, 2025

    Wayne-Sanderson Flouting Wage-Fix Settlement, DOJ Says

    The Justice Department is accusing poultry giant Wayne-Sanderson Farms of shirking its obligations under a settlement resolving wage-suppression allegations, asking a Maryland federal court to put a freeze on any information sharing by the company through Agri Stats and to impose a multiyear extension on its 10-year consent decree.

  • January 22, 2025

    NY AG Snags $1.1M In Wages For Rikers Island Cleaners

    A professional maintenance company that provided services at New York's Rikers Island jail agreed to shell out about $1 million for underpaying immigrant workers and pressuring them to pay kickbacks to keep their jobs, New York Attorney General Letitia James announced Wednesday.

  • January 22, 2025

    3 Tips For Complying With NY's Prenatal Leave Law

    New York's paid prenatal leave law, the first in the country, is unique in many ways, meaning employers need to know the ins and outs of who can take such leave, attorneys told Law360, and that it should be tracked separately from other leave offerings. Here, Law360 offers three tips to employers to stay in compliance.

  • January 22, 2025

    Amazon Drivers Want Class Cert. In Suit Alleging Unpaid Tips

    Amazon Flex delivery drivers urged a Washington federal court to certify a 150,000-member class in their lawsuit accusing the company of violating Evergreen State laws by withholding portions of drivers' tips, saying they were all impacted by the same unlawful practice.

  • January 22, 2025

    Employment Group Of The Year: Epstein Becker

    Epstein Becker Green's employment team convinced the Fifth Circuit to strike down a major U.S. Department of Labor rule governing employers' ability to take tip credits out of servers' wages, a blockbuster achievement that snagged it a spot as one of the 2024 Law360 Employment Groups of the Year.

  • January 22, 2025

    Judge Cans Biden Order Supporting Union Contractors

    A U.S. Court of Federal Claims judge has invalidated a 2022 executive order by then-President Joe Biden requiring contractors to work with unions to be considered for federal construction projects over $35 million, saying the mandate "stifles competition."

  • January 22, 2025

    Sheriff's Workers' Wage Suit Should Survive, Judge Says

    A North Carolina federal judge recommended rejecting a sheriff's office's bid to escape detention center employees' wage and hour class action, saying a jury should decide whether the office's use of a fluctuating workweek payment model was appropriate.

  • January 22, 2025

    Calif. Panel Upholds $200K Fee Award In Dispatchers' OT Row

    Two train dispatchers could recover $200,000 in attorney fees and costs after snagging a bench trial win in their overtime suit against a transportation company because a California state court looked at their case anew, a state appellate panel ruled.

  • January 22, 2025

    Pizza Delivery Drivers Can't File New Complaint In Wage Fight

    A Michigan magistrate judge refused to allow delivery drivers to file a new complaint in their collective action accusing a pizza restaurant company of underreimbursing them for vehicle-related expenses, saying the workers blew past the deadline to identify additional defendants in their suit.

  • January 22, 2025

    White House Shutters DEI Offices, Puts Workers On Leave

    The U.S. Office of Personnel Management told federal agencies to close offices focused on diversity, equity and inclusion initiatives by Wednesday evening and lay off staffers by Jan. 31, part of President Donald Trump's larger efforts to combat workplace diversity programs.

  • January 22, 2025

    Trump Defangs Labor Dept.'s Contractor Bias Watchdog

    President Donald Trump eliminated on Tuesday a core legal authority from the 1960s that the Office of Federal Contract Compliance Programs used to stop federal contractors from discriminating against workers, part of a broader salvo against diversity, equity and inclusion programs in employment.

  • January 21, 2025

    Calif. Appeals Court Reinstates Nurses' Wage Suit

    A California appeals court upended a hospital operator's win on some claims in nurses' wage and hour lawsuit, saying the nurses put forward enough evidence to show their employer's rounding policy resulted in their underpayment.

  • January 21, 2025

    NY Turkish Restaurant Paid Servers In Tips, Worker Says

    A Turkish restaurant in Manhattan cheated servers out of wages, paying them only with the tips they received from customers, a former employee said in a lawsuit filed in New York federal court Tuesday.

  • January 21, 2025

    Ill. Senate Bill Seeks Tax Deduction For OT Wages

    Illinois would create an individual income tax deduction for overtime wages under a bill introduced in the state Senate.

  • January 21, 2025

    Colo. Fire Department Fails To Pay OT, Firefighters Say

    A Colorado fire department fails to pay firefighters overtime wages and retaliated against three employees and fired one of them after they complained about the unlawful pay practices, a lawsuit filed in Colorado federal court said.

  • January 21, 2025

    DOL Pushes To Ax Challenge Against Prevailing Wage Rule

    The U.S. Department of Labor pushed against an effort by two construction groups to ax a final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, telling a Texas federal court the groups' arguments were rootless and misplaced.

  • January 21, 2025

    Harassment By Workers Upends Retaliation Suit, Farm Says

    A pork farm urged a Tennessee federal court to throw out a lawsuit from the U.S. Department of Labor accusing it of retaliating against two workers who complained to the agency about unpaid wages, saying the workers were disciplined because they harassed their colleagues.

  • January 21, 2025

    Illinois Senate Bill Seeks Income Tax Deduction For Tips

    Illinois would create an income tax deduction for gratuities that are included in a taxpayer's federal adjusted gross income under a bill introduced in the state Senate.

  • January 21, 2025

    Trump Picks Acting DOL Head

     A U.S. Department of Labor staffer and 2016 transition officer will lead the agency until the Senate confirms President Donald Trump's pick for labor secretary, according to the agency.

  • January 21, 2025

    Employment Group Of The Year: Cohen Milstein

    The plaintiff-side law firm Cohen Milstein Sellers & Toll PLLC snagged over $78 million last year in settlements for workers who'd faced discrimination on the job, including big payouts from both the U.S. Department of Homeland Security and the FBI, earning the firm a spot among the 2024 Law360 Employment Groups of the Year.

Expert Analysis

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.