Wage & Hour

  • February 28, 2025

    DOL Will Appeal Texas Court's Toss Of OT Threshold Rule

    The U.S. Department of Labor on Friday told a Texas federal court that it planned to appeal to the Fifth Circuit the court's decision to vacate the department's overtime rule raising the salary thresholds for overtime exemptions.

  • February 28, 2025

    Colo. Corrections Dept. Says No Pay Needed For On-Call Time

    A collective action accusing the Colorado Department of Corrections of failing to pay criminal investigators for time they spent on call should be thrown out, the department told a federal court, saying the workers weren't barred from doing personal activities during this time and thus aren't owed any extra wages.

  • February 28, 2025

    Calif. Forecast: 9th Circ. Hears NLRB, UPS, Teamsters Dispute

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a labor dispute involving the National Labor Relations Board, a UPS subsidiary and an International Brotherhood of Teamsters local. Here's a look at that case and other labor and employment matters on deck in California.

  • February 28, 2025

    Residential Care Cos. To Pay $2.5M In DOL Overtime Suit

    A group of California residential care facility operators admitted to failing to pay caregivers for the overtime they worked and will pay $2.5 million in back wages and damages under a deal with the U.S. Department of Labor that got approved by a federal judge.

  • February 28, 2025

    Logistics Co. Can Arbitrate Most Claims In Wage Dispute

    A California federal judge partially granted a logistics company's bid to send to arbitration a former worker's wage and hour lawsuit, saying some of the worker's claims must stay in court because they are exempted from state arbitration laws.

  • February 28, 2025

    Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat

    When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.

  • February 27, 2025

    5th Circ. Won't Revive Sheriff's Workers' Leave Policy Suit

    The Fifth Circuit declined Thursday to reinstate a lawsuit employees brought against the Harris County Sheriff's Office over a policy restricting how they can use the compensatory time off they receive in lieu of overtime wages, saying the workers cannot show they have a property interest to the accrued time.

  • February 27, 2025

    Unions Can Depose DOGE In Agency Access Suit, Judge Says

    The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.

  • February 27, 2025

    DOL Watchdog Asks To Ensure Wages Are In H-2A Certs

    The office in charge of reviewing H-2A applications for foreign workers should boost its procedures to make sure the requests have the correct prevailing wage rates, the U.S. Department of Labor's agency watchdog said in an audit report publicly released Thursday.

  • February 27, 2025

    Drivers' Calif. Wage And Hour Suit Belongs In State Court

    A California federal court ruled it had no jurisdiction over a suit by two drivers lodging wage and hour claims under state law against a food distributor, allowing the case to be refiled in state court.

  • February 27, 2025

    Ex-Worker Says Manufacturer Fails To Pay For Off-Clock Work

    A pharmaceutical manufacturing company requires hourly employees to perform tasks before and after their shifts but fails to compensate them for this extra time, a proposed class and collective action filed in Washington federal court said.

  • February 27, 2025

    DOL Pick Faces Scrutiny About DOGE From Senate Dems

    President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.

  • February 27, 2025

    Calif. Panel Won't Send Class Wage Suit To Arbitration

    A California appeals court refused to overturn an order declining to send to arbitration a sanitation worker's wage and hour suit against his former employer, saying his Private Attorneys General Act claims were brought only on behalf of a class and therefore the case can stay in court.

  • February 27, 2025

    Construction Co. To Pay $432K To End Calif. Wage Suit

    A general contractor will pay nearly $432,000 to dozens of carpenters to put an end to an investigation the California Labor Commissioner's Office launched into its pay practices, the office said.

  • February 27, 2025

    Former Seyfarth Partner To Chair DOL's Review Board

    The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.

  • February 27, 2025

    US Senate Panel Advances Trump's Labor Secretary Pick

    A U.S. Senate committee voted Thursday to move forward the nomination of former Rep. Lori Chavez-DeRemer to lead the U.S. Department of Labor.

  • February 26, 2025

    Judge Sends Fox Sports Harassment Suit Back To State Court

    A U.S. district judge has sent a lawsuit accusing Fox Sports and its on-air talent of sexual harassment back to California state court after the plaintiff dropped allegations related to overtime, removing the suit's only federal claim.

  • February 26, 2025

    MSPB Pauses Firing Of 6 Probationary Fed Employees

    The Merit Systems Protection Board paused the Trump administration's attempt to fire six federal workers on probationary status, saying the U.S. Office of Special Counsel showed it was likely the firings violated civil service laws that require the government to undertake reductions in force based on merit.

  • February 26, 2025

    3rd Circ. Won't Rethink DOL's $7M Win In Travel Pay Suit

    The Third Circuit won't touch its decision affirming the U.S. Department of Labor's $7 million win in a lawsuit accusing a Pennsylvania home care company of failing to pay workers for time spent traveling between clients' homes, rejecting the employer's argument that the decision allows for federal agency overreach.

  • February 26, 2025

    Worker Says Fla. Gun Co. Owes Him Pay For 370 Hours Of OT

    A former gun manufacturing employee for a Florida company said in a lawsuit in federal court that the gun parts he handled traveled across state lines, making him eligible under federal law to receive pay for 370 hours of overtime he worked.

  • February 26, 2025

    Top Dem Urges Trump To Leave Independent Agencies Alone

    The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.

  • February 26, 2025

    Ill. Department Owes Teamsters Local $4.5M In Wage Deal

    The operational head of Illinois' state departments will pay $4.5 million to 500 workers for failing to pay them their wages negotiated in a collective bargaining agreement, a Teamsters local said in a news release Wednesday.

  • February 26, 2025

    Ex-Twitter Execs Demand Docs In $200M Severance Fight

    Elon Musk and his social media platform X are trying to dodge perfectly reasonable discovery requests tackling claims that the billionaire fired four former company executives after he bought the social media platform to avoid several benefits obligations, the workers told a California federal court.

  • February 26, 2025

    Wilson Sonsini Adds Employment Litigator In Palo Alto

    Wilson Sonsini Goodrich & Rosati PC has added an employment law expert to its litigation department in Palo Alto, California, who brings with her more than 15 years of BigLaw experience including most recently at O'Melveny & Myers LLP.

  • February 26, 2025

    Paralegal Wants Firm's Counterclaim In OT Suit Axed

    An El Paso, Texas, law firm's accusation that a paralegal's suit for unpaid overtime is an "attempt to extort money" should not stand, the worker told a Texas federal court, arguing the counterclaim she is facing has nothing to do with her allegations.

Expert Analysis

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.