Wage & Hour

  • March 18, 2025

    Minn. Independent Contractor Challenge Could Be Bellwether

    A challenge to a Minnesota independent contractor test could have a domino effect nationwide if the construction groups challenging the law over its ambiguity are successful since such classification tests are by nature vague, attorneys say.

  • March 18, 2025

    Pa. Shell Plant Workers Get Cert. For Commute Time Suit

    Hundreds of contractors who helped build Shell's petrochemical plant in Western Pennsylvania can be represented in a lawsuit seeking pay for extra time they spent being shuttled between the worksite and satellite parking, after a federal judge granted class certification Tuesday.

  • March 18, 2025

    Carnival Co. Must Face H-2B Visa Workers' Wage Suit

    A traveling carnival business and its president cannot avoid a proposed class action alleging they forced workers employed through the H-2B visa program to work long hours without overtime pay, a Virginia federal judge ruled, saying there's not enough evidence to warrant a pretrial win.

  • March 17, 2025

    Google To Pay $28M On Claim It Favored White, Asian Workers

    Google LLC will pay $28 million to put to rest allegations it pays and promotes certain nonwhite employees less than their white and Asian colleagues, counsel for a class of workers said Monday.

  • March 17, 2025

    NJ Justices Deem Commissions Protected Under Wage Law

    The New Jersey Supreme Court clarified in a unanimous opinion Monday that workers who make commissions are subject to state wage law protections, handing a win to an employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic.

  • March 17, 2025

    Give Truckers $1.3M In Misclassification Suit, Judge Says

    A California federal magistrate judge has recommended awarding about $1.3 million to five former Central Freight Lines truck drivers, saying they presented a convincing case that the now-defunct company misclassified them as independent contractors.

  • March 17, 2025

    X Corp. Says Dismissal, Sanctions Go Together In Bonus Suit

    A former X Corp. senior director of compensation engaged in "vexatious conduct" that should not allow him to drop his suit claiming unpaid bonuses without sanctions, the social media platform told a California federal judge.

  • March 17, 2025

    Co. Mislabeled Migrant Workers To Skirt Higher Pay, Suit Says

    A Colorado company called over 200 migrant workers "agricultural equipment operators" instead of truck drivers to pay them lower wages, even though their job was to haul product across state lines in trucks, not operate agricultural equipment in fields, a new proposed class action in Colorado federal court alleges.

  • March 17, 2025

    2nd Circ. Sends Amazon Wage Question To Conn. Justices

    The Second Circuit asked Connecticut's top court Monday to weigh in on whether employees are owed pay for their time spent undergoing post-shift anti-theft screenings, saying the state's justices have not yet provided guidance on this matter.

  • March 17, 2025

    Trump Revokes Fed. Contractor Wage Order That Led To Suits

    President Donald Trump rescinded former President Joe Biden's executive order increasing the minimum wage for federal contract workers to $15 an hour, leaving an uncertain future for the U.S. Department of Labor rule implementing the order and ongoing court challenges to the rule.

  • March 17, 2025

    DOL Urges 5th Circ. To Keep Contractor Wage Hike Ruling

    Former President Joe Biden had the authority to raise the minimum wage for federal contractors through a presidential executive order, the Trump administration's U.S. Department of Labor said, urging the full Fifth Circuit to leave in place a panel's decision backing the wage hike.

  • March 17, 2025

    Food Distributor Takes Drivers' FLSA Suit To 9th Circ.

    A food distributor told a California federal court that it plans to appeal to the Ninth Circuit the court's decision that two drivers' wage and hour claims belong in state court, according to a court filing.

  • March 17, 2025

    Asylum-Seeker Says Biz Owner Forced Him Into 'Servitude'

    A Colorado business owner forced a Venezuelan migrant into working 100 hours a week without any pay and dangled the potential deportation of him and his family over his head so he wouldn't quit, a lawsuit filed in federal court said.

  • March 17, 2025

    Translation Co. Wants Class Dissolved In Unpaid OT Suit

    A 108-member class should be disbanded in a lawsuit accusing a translation company of underpaying workers' overtime, the company told a New York federal court, saying discovery has shown that the employees held an array of positions that are too dissimilar to support class treatment.

  • March 17, 2025

    Anthem Nurses Say They Are Eligible To Earn Overtime

    Nurses who claimed that Anthem cheated them out of overtime said their main duties were to process health insurance authorizations, telling a New York federal court that they don't fall under the Fair Labor Standards Act's learned professional exemption.

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten

    Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called "premature" dismissal bids from the NCAA and Big Ten Network.

  • March 14, 2025

    Texas Restaurant Offered Worker $1K, Seeks To End Tip Suit

    A Houston-area restaurant told a Texas court Friday that it offered $1,000 to a former server who claimed it failed to inform her that she would have to pay for her uniforms, saying the worker's proposed collective action should be tossed.

  • March 14, 2025

    LA Lands Deal With Airline Caterer To End Wage Law Dispute

    An airline caterer accused of violating a Los Angeles city ordinance through its pay practices told a California federal court it resolved its dispute with the city, which had launched an investigation, after the caterer settled claims with a class of employees, according to City Council meeting records.

  • March 14, 2025

    Worker Sues NBA's Suns For Age Discrimination, Retaliation

    A 46-year-old video engineer filed an age discrimination lawsuit against the NBA's Phoenix Suns, alleging the organization coerced him into changing his employment status to contractor and forced him to work in a rodent-infested garage when he complained.

  • March 14, 2025

    Ohio Addiction Center OT Theft Suit Heads To Tenn. To Settle

    An Ohio addiction treatment center and the proposed class of its workers who alleged unpaid overtime and wrongfully deducted wages came together Friday and asked a Buckeye State federal judge to send their dispute to Tennessee so they can join a settlement with a parallel action there.

  • March 14, 2025

    NY Forecast: 2nd Circ. Weighs Scope Of Marital Bias Law

    This week, the Second Circuit will weigh whether New York City law prohibits discrimination on the basis of marriage to a specific person, as it considers a suit brought by Wendy Williams' ex-husband over claims he was fired as a producer on her talk show after she filed for divorce. Here, Law360 looks at this and other cases on the docket in New York.

  • March 14, 2025

    Calif. Forecast: Full 9th Circ. To Weigh LA Schools Vax Policy

    In the coming week, attorneys should watch for a Ninth Circuit rehearing en banc in a challenge to a Los Angeles Unified School District COVID-19 vaccination mandate. Here's a look at that case and other labor and employment matters on deck in California.

  • March 14, 2025

    Frontier Technicians Seek Collective Cert. In Overtime Suit

    A telecommunications technician told a Florida federal court Friday that they showed that Frontier Communications and a staffing contractor failed to pay them and other workers overtime, urging the court to greenlight a collective.

  • March 14, 2025

    NYC Asylum Shelter Co. Illegally Fired Workers, Suit Says

    A New York City contractor that provided shelter for asylum-seekers illegally laid off more than 200 employees without notice a class action filed in federal court said.

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.