Wage & Hour

  • March 12, 2025

    NCAA Volunteer Coaches Get Class Cert. In Antitrust Fight

    A California federal judge on Tuesday certified a class of potentially thousands of former NCAA Division I volunteer coaches who allege the athletic organization's now-repealed bylaw illegally suppressed their wages in violation of antitrust laws, and the judge also refused to exclude the class's damages report by a Princeton University professor.

  • March 12, 2025

    Home Depot Must Face Ex-Worker's Misclassification Suit

    A former assistant store manager who claims Hope Depot misclassified her as overtime-exempt can move forward with a proposed class action, a California federal judge ruled, rejecting the company's argument that what she alleged was misconduct occurred too long ago.

  • March 12, 2025

    Worker Advocate Says States, Cities Hold Gig Work's Future

    Worker advocate Laura Padin said that what is commonly known as the gig economy is the canary in the coal mine of workers’ rights. Padin, the director of work structures at the National Employment Law Project, spoke to Law360 about the future of gig worker rights and the importance of pay data transparency to move the needle.

  • March 12, 2025

    Houston Harbaugh Welcomes New Labor Practice Chair

    Pittsburgh-based Houston Harbaugh PC expanded its employment law services with the recent addition of an attorney and new practice leader who joined the firm after 14 years with Pietragallo Gordon Alfano Bostick & Raspanti LLP.

  • March 12, 2025

    Mortgage Co. Strikes $94K Settlement In OT Suit

    A Michigan mortgage company has agreed to pay nearly $94,000 to settle a proposed collective action in Michigan federal court accusing it of misclassifying loan officers, processors, partners and lead generators as overtime-exempt under the Fair Labor Standards Act.

  • March 12, 2025

    Prison, Ex-Treatment Counselor End Medical Leave Suit

    A prison owner and operator and a former prison treatment counselor have agreed to dismiss the worker's suit accusing the company of terminating her while on medical leave, they told a California federal court Wednesday.

  • March 12, 2025

    Energy Co. Asks Justices To Skip On Inspector's OT Case

    Energy industry service provider Killick Group told the U.S. Supreme Court that the Fifth Circuit correctly considered a pipeline inspector an independent contractor because he had autonomy in his job, urging the justices to stay out of the worker's overtime case.

  • March 12, 2025

    DOL Escapes Writers' Suit Over Contractor Rule, For Now

    A Tennessee federal judge tossed a suit from two freelance writers seeking to block the U.S. Department of Labor's new rule regulating whether workers are independent contractors or employees under federal law, saying the writers can't show that the regulation would hurt their career opportunities.

  • March 11, 2025

    Insurer Says It's Off The Hook For Pay Transparency Suit

    Houston Casualty Co. said Tuesday that its liability insurance policy does not cover an underlying lawsuit accusing a Washington company that owns McDonald's franchises of violating the state's pay transparency law for job postings.

  • March 11, 2025

    Incoming Labor Sec. Must Walk 'Fine Line' On Wage Policies

    President Donald Trump’s soon-to-be labor secretary will likely need to balance her extensive labor record, which earned her support from some Democrats and unions, with a more traditional Republican approach toward wage and hour issues, employment law observers say. Here, Law360 explores Lori Chavez-DeRemer’s record.

  • March 11, 2025

    DOJ, Wayne-Sanderson Spar Over Data Sharing Deal

    The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.

  • March 11, 2025

    Auto Parts Co. Says EEOC Failed To Discuss Sex Bias Claims

    An auto parts manufacturer urged a Tennessee federal court Tuesday to toss the U.S. Equal Employment Opportunity Commission's suit alleging the company favored men in hiring decisions and failed to promote qualified women, saying the agency didn't first try to discuss the allegations with the company before suing it.

  • March 11, 2025

    5th Circ. Upholds Exxon's Win In Pension Payout Dispute

    A former Exxon employee's claim that the company failed to pay his entire pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.

  • March 11, 2025

    Seyfarth Employment Litigator Joins McGuireWoods In LA

    McGuireWoods LLP is strengthening its California labor and employment team, announcing Tuesday it is bringing in a Seyfarth Shaw LLP employment litigator as partner in its downtown Los Angeles office.

  • March 11, 2025

    California Entities Escape State Judge's Underpayment Suit

    A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.

  • March 11, 2025

    Bipartisan Bill Penalizing Child Labor Violations Reintroduced

    A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.

  • March 11, 2025

    Staffing Co. Recruiters Certified As Class, Collective In OT Suit

    A group of recruiters showed that the staffing agency they accused of misclassifying them as overtime-exempt under federal law applied the same policies to its workforce, a Pennsylvania federal judge ruled, greenlighting a collective and several classes.

  • March 10, 2025

    Whole Foods Workers Can't Have Class Cert. In Bonus Suit

    A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    Recycling Firm, Executive Must Face Sex, Pay Bias Suit

    A Chicago-area recycling company can't dodge a former acting executive's claims that she was fired after repeatedly complaining that she wasn't being properly compensated and enduring consistent sexual harassment, with a Michigan federal judge ruling Monday her lawsuit was detailed enough to proceed to discovery.

  • March 10, 2025

    Senate Confirms Trump's Labor Secretary Pick

    The U.S. Senate confirmed President Donald Trump's nominee for labor secretary Monday evening, with support from more than a dozen Democrats and opposition from some members of the nominee's own party.

  • March 10, 2025

    Hearthside Can Keep 3rd-Party Releases In Ch. 11 Plan

    A Texas bankruptcy judge Monday agreed to confirm a Chapter 11 plan for the bankrupt parent of snack maker Hearthside Food Solutions, overruling an objection from the U.S. Trustee's Office alleging the plan would summarily do away with wage and labor claims against the debtor through nonconsensual releases.

  • March 10, 2025

    AFL-CIO, Unions Defend Fight Against DOGE Access

    The AFL-CIO and a group of unions sought to keep alive their claims that Elon Musk's Department of Government Efficiency can't legally access data from the U.S. Department of Labor and other federal agencies, telling a D.C. federal judge they have standing to file their suit.

  • March 10, 2025

    Trade Groups Take Minn. Classification Law To 8th Circ.

    A coalition of trade groups will take to the Eighth Circuit a Minnesota federal judge's decision denying their bid to halt a state law imposing hefty fines on companies that misclassify workers as independent contractors.

  • March 10, 2025

    Truckers Win Conditional Class Treatment For Wage Dispute

    An Illinois federal judge said he would give conditional class treatment to truck drivers who say Forsage Logistics Inc. and its owner illegally misclassified them as independent drivers and failed to pay them all wages they're owed.  

Expert Analysis

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

    Author Photo

    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.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.