Wage & Hour

  • January 16, 2025

    Cleaning Co. To Pay $3.8M In DOL Overtime Suit

    A cleaning company will pay more than $3.8 million to end a U.S. Department of Labor suit alleging it misclassified employees and altered time records to avoid paying overtime wages, according to a federal court filing.

  • January 16, 2025

    NYC Hospital Contractor To Pay $1.8M To End Wage Suit

    A facilities management company that contracts with a New York City medical center will pay $1.8 million to resolve a class action accusing it of shorting its cleaning employees on overtime wages, a filing in New York federal court said.

  • January 15, 2025

    Pa.-Based Friendly's Franchisees Freed From Wage Theft Suit

    A New Jersey federal court dismissed Pennsylvania-based Friendly's franchise restaurants from a former server's proposed class action accusing several franchises of failing to pay tipped workers a minimum wage for the nontipped work they performed, but determined the worker showed she was harmed by the practices she alleges.

  • January 15, 2025

    In-N-Out Hit With Don-Doff Pay Suit By Former Workers

    A group of former In-N-Out employees slapped the fast-food chain with a lawsuit in California state court accusing it of requiring them to remain on-call during breaks, and failing to reimburse them for time spent off-the-clock changing into and out of their uniforms before and after their shifts.

  • January 15, 2025

    NY Addiction Center Owes $5K In Overtime Wage Suit

    The operators of an addiction and treatment facility in New York will pay $5,000 to end a suit alleging they stiffed workers on overtime premiums, according to a federal court filing.

  • January 15, 2025

    Perdue, Staffing Co. Ink Deals In DOL Child Labor Probe

    Perdue Farms Inc. and a staffing company will pay more than $4.2 million for allowing minors to work dangerous jobs at a meat processing facility in Virginia at times the law forbids, the U.S. Department of Labor announced Wednesday.

  • January 15, 2025

    Maine Chamber, Shipyard Challenge State Paid Leave Rule

    The Maine State Chamber of Commerce and U.S. shipyard Bath Iron Works told a state court that certain provisions of the rule for the state medical leave program are illegal, arguing that employers will shell out conspicuous amounts into a fund they won't use.

  • January 15, 2025

    Detroit Tigers Miscalculate Overtime Rates, Worker Says

    The Detroit Tigers failed to account for shift premiums and bonuses when calculating employees' regular hourly rates, causing them to lose out on overtime wages, a proposed collective action filed in Michigan federal court said.

  • January 15, 2025

    Managers Can't Get Tips For Occasional Shifts, DOL Says

    Employees who meet managerial requirements under the Fair Labor Standards Act and occasionally work shifts performing nonmanagerial duties can't participate in tip pools, the U.S. Department of Labor said.

  • January 15, 2025

    High Court Says FLSA Doesn't Get Higher Evidence Standards

    The Fair Labor Standards Act's exemptions do not call for heightened evidence standards, the U.S. Supreme Court ruled Wednesday in a case that highlighted the make-or-break importance of burdens of proof.

  • January 15, 2025

    Trump Chooses Former DOL Official As Its Deputy Secretary

    President-elect Donald Trump said late Tuesday he plans to nominate former EEOC Commissioner and Department of Labor official Keith Sonderling for deputy labor secretary, the second-in-command at the DOL.

  • January 14, 2025

    NCAA, Big Ten Argue Ex-Players' $50M NIL Suit Too Late

    The NCAA and Big Ten Network have asked a Michigan federal judge to toss a proposed class action from football players who are seeking more than $50 million in compensation for their names, images and likenesses, arguing their claims are untimely.

  • January 14, 2025

    John Deere Retailer Shirked OT Pay To Sales Staff, Suit Says

    Ag-Pro, the self-described largest retailer of John Deere equipment in North America, was hit with a proposed collective action Monday by a sales employee who alleged the company willfully violated federal law by denying overtime pay to its salespeople.

  • January 14, 2025

    DOL Backs Uber Drivers' Bid To Revive Employment Case

    The Department of Labor threw its support behind Philadelphia Uber Black drivers in their employment classification case, telling the Third Circuit that the lower court misapplied agency guidance in its dismissal of the long-running lawsuit against the ride-sharing company.

  • January 14, 2025

    Amazon Delivery Partner Settles Drivers' Wage Suit

    Drivers for a last-mile delivery service provider for Amazon who accuse the company of unpaid wages and meal and rest break violations have reached a deal to end the proposed collective action, the parties told an Ohio federal court.

  • January 14, 2025

    Loper Bright May Be Mixed Bag For DOL Rulemaking

    The fall of Chevron deference has been heralded as the end of agency power, but the ramifications are nuanced as agencies will likely issue more thoughtful regulations and the history of the Fair Labor Standards Act may give the U.S. Department of Labor a hand up, attorneys say.

  • January 14, 2025

    4 States Oppose Full 9th Circ. Review Of Contractor Wage

    Four red states told the full Ninth Circuit that the U.S. Department of Labor is trying to push the government's power beyond its limits after a panel ruled the president couldn't raise federal contractors' minimum wage, urging the appeals court not to weigh in.

  • January 14, 2025

    Police Commissioners Must Face Bulk Of Officers' OT Suit

    A Pennsylvania federal judge refused to throw out the majority of a proposed class action from ranking officers accusing the Philadelphia Police Department of failing to alert them of their overtime eligibility, but determined that municipal policies providing for certain overtime pay do not constitute a contract.

  • January 14, 2025

    Subway Franchise, DOL Ink $68K Deal To End Wage Suit

    A Subway franchise in Massachusetts will pay more than $68,000 in back wages, damages and fines to end a U.S. Department of Labor suit alleging it stiffed workers on overtime and minimum wages, according to a federal court filing.

  • January 14, 2025

    Curaleaf's Ex-CEO Wants Out Of Ex-VP's Pay, Sex Bias Suit

    The former CEO of Curaleaf Holdings Inc. is urging a Massachusetts federal court to toss a former senior vice president's claims against him in a suit alleging the company discriminated against her for her gender and race, saying the state's courts don't have jurisdiction over him.

  • January 14, 2025

    Wage Violations Get NC Farmers Kicked Out Of H-2A Program

    A North Carolina father and daughter must pay $166,000 in fines and face a three-year debarment from the H-2A seasonal worker program for various violations, including underpaying farmworkers, the U.S. Department of Labor said Tuesday.

  • January 14, 2025

    Assisted Living Co., Ex-Worker End Race-Based Pay Bias Suit

    An assisted living facility and a former employee have agreed to close her suit claiming she was paid less than colleagues and belittled by her supervisor because she is Indian American, according to a New York federal court filing.

  • January 14, 2025

    El Paso Firm Failed To Pay Overtime Wages, Paralegal Says

    An El Paso, Texas, law firm required a paralegal to respond to emails and text messages outside her working hours but refused to pay her overtime wages, she told a federal court Tuesday.

  • January 13, 2025

    Meat Giant JBS To Address Child Labor In $4M DOL Deal

    The U.S. Department of Labor announced Monday that it secured an agreement with JBS USA Food Co. that requires the meatpacking processor and slaughterhouse giant to put $4 million towards helping those affected by unlawful child labor practices.

  • January 13, 2025

    Papa John's Directed To Settle Driver's Wage Suit Privately

    A Kentucky federal court refused to greenlight a $140,000 settlement that would resolve a suit claiming Papa John's stiffed delivery drivers on wages by not fully reimbursing them for vehicle costs, saying the parties need to settle this dispute privately because the court lacks authority to approve the deal.

Expert Analysis

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.