Wage & Hour

  • January 21, 2025

    Trump Orders Federal Workers Back To Office

    On his first day back in the Oval Office, President Donald Trump ordered federal workers back to theirs.

  • January 17, 2025

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 17, 2025

    4 Tips To Help Employers Address LA Wildfires, Aid Workers

    As wildfires continue to cause extensive damage in Los Angeles, employers in the region face a challenge in maintaining safe workplaces and living up to their legal obligations. Here, management-side experts offer four tips for doing right by workers while staying on the right side of the law.

  • January 17, 2025

    DOL's Subminimum Wage Rule Draws Support, Scrutiny

    The U.S. Department of Labor's proposed rule to end the program allowing employers to pay subminimum wages to workers with disabilities drew polarized opinions as the comment period ended Friday, with supporters arguing it is time to pay those workers fairly and critics saying the rule will limit workers' options.

  • January 17, 2025

    Predictions For Arbitration Carveout, NLRB Legality And More

    In the coming year, the debate over a carveout to federal arbitration requirements for interstate transportation workers is expected to heat up, while challenges to the National Labor Relations Board's constitutionality are set to continue and pay transparency laws will expand to more states. Here, Law360 takes a look at issues experts say are likely to hit the employment law world in 2025.

  • January 17, 2025

    NY Forecast: Second Circuit Hears NYC IT Worker Bias Suit

    This week, the Second Circuit will consider a former New York City IT worker's claim that she faced sexual harassment and discrimination at her job and was ultimately forced from her position in retaliation for complaining.

  • January 17, 2025

    Healthcare Co. Strikes Deal To End Nurse's OT Suit

    A home healthcare services company reached a deal Friday to resolve a former nurse's lawsuit accusing it of failing to pay her overtime wages despite clocking in as many as 240 hours in a two-week period, a filing in Texas federal court said.

  • January 17, 2025

    Duke U. Strikes Deal In Female Scientist's Pay Bias Suit

    Duke University and a female scientist have brokered an agreement to end her suit claiming she was paid less than her male counterparts and was threatened with demotions after complaining about it, according to a Friday filing in North Carolina federal court.

  • January 17, 2025

    High Court FLSA Ruling Should Nix 2-Step Cert., 9th Circ. Told

    Cracker Barrel urged the Ninth Circuit to upend an order granting servers collective status, arguing the U.S. Supreme Court's recent ruling that the Fair Labor Standards Act's exemptions do not call for heightened evidence standards shows the two-step process for certifying a collective should be thrown out.

  • January 17, 2025

    Security Cos. Owe Officers OT, Court Told

    Two security companies cheated officers out of overtime by failing to pay them for the preshift and post-shift work they performed donning and removing bulletproof vests and other security gear, a proposed class and collective action claimed in Colorado federal court.

  • January 17, 2025

    Calif. Forecast: $5M Staffing Co. Wage Deal Before Court

    In the next week, attorneys should keep an eye out for potential preliminary approval of a $5.25 million deal to resolve a proposed wage and hour class action against a staffing company. Here's a look at that case and other labor and employment matters coming up in California.

  • January 16, 2025

    Baltimore Court Clerk Can Proceed With Bulk Of Bias Suit

    A Maryland federal judge refused Thursday to toss the bulk of a lawsuit from a Black judiciary clerk, finding she put forward enough details to support her allegations that a circuit court acted out of bias when it suspended her without pay and barred her from earning overtime.

  • January 16, 2025

    Walgreens' $950K Deal Halted In Unreimbursed Expenses Suit

    A $950,000 settlement that would resolve Walgreens workers' claims of unreimbursed expenses cannot proceed, a California federal judge ruled Thursday, taking issue with a release provision tied to two incentive awards, the opt-out time frame and the lack of opportunity to object to the proposed attorney fees.

  • January 16, 2025

    High Court Ruling On FLSA Evidence Standards Brings Clarity

    The U.S. Supreme Court's ruling that the Fair Labor Standards Act's exemptions do not warrant higher evidence standards than what is typical of civil litigation brought clarity and showed the court's commitment to textualism, attorneys say.

  • January 16, 2025

    Biden Prevailed On Wage Policies, But Trump Can Undo Them

    President Joe Biden moved the needle on independent contractors, prevailing wages, minimum pay for certain workers, and other wage and hour issues that appeared in his 2020 plan, but few of those developments carried the enduring weight of legislation. Here, Law360 explores Biden’s wage and hour legacy.

  • January 16, 2025

    FedEx Worker Wage Fight Ruling Likely On Hold

    A Connecticut federal judge said Thursday that she is unlikely to rule on dueling summary judgment motions from FedEx Ground Package System Inc. and a class of workers demanding compensation for the time spent on company security screenings until the Second Circuit hands down its decision in a similar case.

  • January 16, 2025

    9th Circ. Affirms $23.2M Judgment In ICE Detainee Wage Trial

    A split Ninth Circuit panel on Thursday upheld a $23.2 million district court judgment in favor of a class of U.S. Immigration and Customs Enforcement detainees and Washington state, ruling that the GEO Group isn't immune from paying the detainees the state minimum wage for their involvement in a work program.

  • January 16, 2025

    La. Home Care Cos. Owe $844K In DOL Misclassification Suit

    Two Louisiana home care providers will pay more than $844,000 in back wages, damages and fines for misclassifying workers, the U.S. Department of Labor announced Thursday.

  • January 16, 2025

    NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out

    The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.

  • January 16, 2025

    GoDaddy, Black Ex-Director To Resolve Bias Suit In Arbitration

    Web-hosting provider GoDaddy and a Black former director will head to arbitration to resolve his federal lawsuit in New Jersey alleging he was fired after complaining about race discrimination.

  • January 16, 2025

    Ogletree Hires Jackson Lewis Atty, Former NBA Counsel

    Ogletree Deakins Nash Smoak & Stewart PC has hired a former Jackson Lewis PC attorney, who also has experience working in-house for the National Basketball Association as an associate counsel, the firm announced Tuesday.

  • January 16, 2025

    DOL Says Workers Received Millions In Back Wages In FY24

    Workers got back millions of dollars in the last fiscal year while unlawfully employed minors received the protections they deserved after the U.S. Department of Labor stepped in, Solicitor of Labor Seema Nanda said in her office's last enforcement report before the new presidential administration takes office.

  • January 16, 2025

    Cleaning Contractor Owes $400K In DOL Child Labor Probe

    A Tennessee cleaning contractor will pay $400,000 for hiring children to work overnight at meat and poultry processing facilities, the U.S. Department of Labor announced Thursday.

  • January 16, 2025

    Trinity Health, ER Nurses Seek OK For $450K Meal Break Deal

    Nurses and technicians in the emergency departments at three Trinity Health-Michigan locations and the hospital sought approval Wednesday for a $450,000 deal to end claims that the workers weren't paid for work performed during meal breaks.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.