Wage & Hour

  • March 05, 2025

    Workers, Raytheon Cos. Ink $19.9M In Meal Break Suit

    A group of workers urged a California federal judge to approve their $19.9 million deal to end a class action alleging companies affiliated with Raytheon failed to pay workers for their meal and rest breaks, according to a court filing. 

  • March 05, 2025

    Fed. Circ. Says Late EEOC Worker's 1st Wife Gets Back Pay

    The Federal Circuit said the U.S. Equal Employment Opportunity Commission did not err in providing a deceased employee's back pay to his first wife because she was listed as his beneficiary, rejecting his second wife's assertion that federal law required that the money go to her.

  • March 05, 2025

    Fighters' Attys Get $115M In Fees For UFC Settlement Work

    A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.

  • March 05, 2025

    Southwest Seeks Exit From Flight Attendant's Wage Suit

    The wages of a Southwest flight attendant who alleges that the airline disregarded work performed off the plane were determined by a collective bargaining agreement, and thus his claims are preempted by federal labor law, the company argued as it urged a Colorado federal court to throw out a proposed class action.

  • March 04, 2025

    Mariano's Managers Fight Bid To Decertify Class In OT Row

    Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.

  • March 04, 2025

    Target Can't Pause Warehouse Workers' Wage Suit

    Target warehouse workers' class action claiming they performed unpaid work-related duties before and after their shifts will not wait for the outcome of a U.S. Supreme Court case dealing with standing for certified classes, a New Jersey federal judge ruled.

  • March 04, 2025

    NYC Medical College, Entities Must Face Overtime Suit

    A former research coordinator showed that he was jointly employed by a Bronx medical college and related entities, a New York federal judge ruled, allowing the worker to proceed with a suit alleging that he is owed overtime pay.

  • March 04, 2025

    Athletes 'Overwhelmingly' Support NCAA NIL Deal, Attys Say

    The response by the class of college athletes to the NCAA's settlement providing name, image and likeness compensation and revenue sharing has been "overwhelmingly positive,'' the attorneys for the athletes told a California federal judge as part of their bid for final approval of the $2.78 billion settlement next month.

  • March 04, 2025

    Littler Expands In Philly With Ex-Greenberg Traurig Atty

    Employment and labor-focused firm Littler Mendelson PC has expanded its Philadelphia office with the recent addition of an attorney who moved his practice after four years with Greenberg Traurig LLP.

  • March 04, 2025

    Calif. Contractor Barred From Withholding Wages In DOL Suit

    A California-based general contractor is prohibited from withholding workers' past due wages and must offer to rehire an employee it fired for making a report alleging pay infractions to the U.S. Department of Labor, a federal judge ruled Tuesday.

  • March 04, 2025

    How Child Labor Enforcement Will Change Under Trump

    President Donald Trump's administration, driven by a desire to give certain employers the benefit of the doubt and a general aversion to government overreach, will change tack on child labor enforcement, attorneys say.

  • March 04, 2025

    Nurse's Meal Breaks Claim Under Ill. Law Can Stay Put

    A nurse accusing a healthcare system of not paying for the work she performed during lunch breaks can keep her claim under Illinois state law alive, an Indiana federal judge ruled, saying that she supported her claim.

  • March 03, 2025

    Curaleaf Says Ex-VP Can't Be Kicked From C-Suite She Wasn't In

    Curaleaf Holdings Inc. has pushed back on a discrimination lawsuit filed by a former executive who claims she was forced out of the company, arguing not only did it not retaliate against her by ejecting her from the C-Suite but that she was never actually a part of it.

  • March 03, 2025

    Prisoners Tell High Court Not To Disturb 4th Circ. Wage Ruling

    A group of incarcerated individuals on Monday urged the U.S. Supreme Court to let stand a ruling allowing its lawsuit accusing Baltimore County of unlawfully failing to classify them as employees to proceed, saying there's no circuit split over whether incarcerated people are categorically exempted from federal labor law.

  • March 03, 2025

    Trump Admin Defends Right To Send DOGE Into Agencies

    A group of unions is trying to limit the president's right to oversee the executive branch by claiming that Elon Musk's Department of Government Efficiency can't access agencies' computer systems, the Trump administration told a D.C. federal judge, asking him to nix the unions' injunction bid.

  • March 03, 2025

    Ex-Adecco Worker Can't Protest PAGA Deal, Calif. Panel Rules

    A worker suing a staffing agency under California's Private Attorneys General Act cannot intervene in a settled case lodging similar claims because the challenge is based purely on her private interests, a California panel ruled.

  • March 03, 2025

    Former X Exec Says Sanctions Not Warranted In Bonus Fight

    A former X Corp. executive urged a California federal court to reject his former employer's bid to sanction him for filing a "frivolous" class certification motion in his unpaid bonuses lawsuit, saying the company refused to let him modify his filing or dismiss his claims.

  • March 03, 2025

    Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit

    Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."

  • March 03, 2025

    Fed. Circ. Says OPM Reg On Entry-Level Workers' OT Is Valid

    The Office of Personnel Management's regulation denying overtime pay for federal employees undergoing training is valid, the U.S. Court of Appeals for the Federal Circuit ruled Monday, sending an FBI analyst's overtime suit back to the Court of Federal Claims.

  • March 03, 2025

    Real Estate Cos. Strike $75K Deal In Time Shaving Suit

    A real estate investment company and its subsidiary will pay $75,000 to end a lawsuit alleging it underpaid cleaners by requiring them to clock out before they finished their work, according to a filing in New York federal court.

  • March 03, 2025

    NYC School To Pay Ex-Recruiter $21K In Unpaid OT Suit

    A federal judge ordered a New York City private school and its director to pay a former recruiter nearly $21,000 in back wages and damages after a bench trial in her lawsuit alleging she was unlawfully denied overtime wages.

  • March 03, 2025

    Anthem Claims Nurses Aren't Eligible To Earn Overtime

    Nurses who claimed they were incorrectly denied overtime pay fit the bill of learned professionals and thus are exempt from the Fair Labor Standards Act's overtime provisions, Anthem argued in urging a New York federal court to throw out the nurses' proposed collective action.

  • March 03, 2025

    Fla. Goodwill Faces OT Lawsuit Alleging Unpaid Lunch Breaks

    A Florida Goodwill network automatically deducted time for unpaid launch breaks that employees did not take, leading to unpaid overtime, a former store employee said in a proposed collective lawsuit filed in federal court.

  • February 28, 2025

    8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

    The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

  • February 28, 2025

    Steakhouse Workers Score Collective Cert. In Tips Row

    Servers and bartenders claiming that a steakhouse known for its 72-ounce steak challenge cheated them out of tips and didn't reimburse them for their uniforms can move forward as a collective, a Texas federal judge ruled, while saying the limitation period clock will start ticking later.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.