Wage & Hour

  • February 07, 2025

    9th Circ. Judge Doubts Justices' FLSA Test Fits Cracker Barrel

    A Ninth Circuit judge was skeptical Friday of Cracker Barrel's bid to upend an order granting servers collective status based on the U.S. Supreme Court's recent ruling that Fair Labor Standards Act exemptions don't warrant heightened evidence standards, telling counsel the justices' conclusion "doesn't seem like a tight fit" for this case.

  • February 07, 2025

    Distributor Says Drivers Must Be Sanctioned In Wage Suit

    A food distributor urged a California federal court to slap sanctions on a pair of drivers who brought wage and hour allegations against the company, saying the workers' failure to appear for depositions and shirking of other discovery duties merits their suit being thrown out.

  • February 07, 2025

    Construction Groups Push To Ax DBA Final Rule For Good

    The U.S. Department of Labor made rootless arguments to save its final rule updating how prevailing wages are calculated under the Davis-Bacon Act, construction groups told a Texas federal court, continuing their push to entirely ax the already partially blocked rule.

  • February 07, 2025

    Judge Won't Block DOGE Access To Labor Dept. Data

    A Washington, D.C., federal judge declined Friday to block Elon Musk's Department of Government Efficiency from accessing sensitive U.S. Department of Labor data, saying that while he "harbors concerns" about privacy risks, the suing labor unions haven't established standing.

  • February 07, 2025

    Calif. Forecast: 9th Circ. To Hear DOL Pay Data Release Fight

    In the coming week, attorneys should watch for oral arguments at the Ninth Circuit regarding journalists' attempt to seek federal contractor pay data from the U.S. Department of Labor. Here's a look at that case and other labor and employment matters on deck in California.

  • February 07, 2025

    Amazon To Pay $3.95M To End DC Tip Fraud Suit

    Amazon will pay $3.95 million to resolve a lawsuit the Washington, D.C., attorney general launched accusing the company of misleading consumers to believe that all of the tips they left went directly into drivers' pockets, a Friday news release said.

  • February 07, 2025

    Judge Blocks USAID From Putting 2,200 Workers On Leave

    A D.C. federal judge on Friday issued a "limited" temporary restraining order blocking the U.S. Agency for International Development from putting 2,200 employees on paid administrative leave and ordering the agency to reinstate 500 employees already on leave.

  • February 07, 2025

    GEO Group Urges Full 9th Circ. To Weigh $23.2M Wage Case

    A Ninth Circuit panel decision holding GEO Group to Washington state's minimum wage standards discriminated against the federal government, the private prison giant argued, urging the full court to mull a case that has the company on the hook for $23.2 million.

  • February 07, 2025

    NJ Supreme Court Snapshot: Paterson Police, Immigrant Pay

    The New Jersey attorney general's takeover of the embattled Paterson police department and a dispute over how undocumented migrants are treated under the state's wage law are among the matters the Garden State high court recently agreed to tackle.

  • February 07, 2025

    NY Forecast: 2nd Circ. Hears Maternity Leave, Retaliation Suit

    This week the Second Circuit is scheduled consider a former New York City Economic Development Corp. employee's attempt to revive her lawsuit claiming her supervisor retaliated against her for taking maternity and medical leave. Here, Law360 looks at this and other notable cases on the docket this week in New York courts.

  • February 07, 2025

    Okla. School District Settles Ex-Teacher's Military Leave Suit

    An Oklahoma school district has agreed to pay a former music teacher $60,000 to resolve his suit brought by the U.S. Department of Justice claiming the district scuttled his employment contract for taking leave to serve in the U.S. Air Force Reserve.

  • February 07, 2025

    Chili's Workers Can't Get Class Status In Meal Break Suit

    A California federal judge refused to sign off on a class of nearly 1,300 Chili's employees who accused the chain's parent company of failing to provide them with 30-minute meal breaks, saying the workers' experiences are too varied to satisfy class treatment.

  • February 06, 2025

    Fed. Worker Reps Slam 'Unfathomably Cruel' USAID Shutdown

    The Trump administration's illegal decision to dismantle the U.S. Agency for International Development has caused a global humanitarian crisis, cost thousands of Americans their jobs and threatens U.S. national security, groups representing federal employees and foreign service workers alleged in a federal lawsuit Thursday in Washington, D.C.

  • February 06, 2025

    ERISA Preempts Banker's $5.5M Deferred Comp, Judge Rules

    The Employee Retirement Income Security Act preempts a former Leerink Partners employee's claims that she was cheated out of about $5.5 million in deferred compensation after the bank hired her under allegedly false pretenses from Goldman Sachs, a Massachusetts federal judge ruled Thursday.

  • February 06, 2025

    UFC Fighters Get Final Approval For $375M Settlement

    A Nevada federal judge granted final approval Thursday to a $375 million settlement in a more than a decade-long class action in which fighters accused UFC of suppressing their wages, according to a lead attorney on the case.

  • February 06, 2025

    Papa John's Franchisee Fails To Pay All Wages, Worker Says

    A Papa John's franchise owner failed to properly pay workers minimum wage and overtime pay and did not provide workers with meal and rest periods, according to a lawsuit filed in California state court.

  • February 06, 2025

    Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit

    A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.

  • February 06, 2025

    Inspection Workers Get Collective Status In Wage Suit

    A Pennsylvania federal judge on Thursday signed off on a collective of inspectors accusing an inspection services firm of shorting them on wages, saying the employees showed in their suit that they were all subject to the same pay policy and thus sufficiently similar.

  • February 06, 2025

    Frontier Says Late-Pay, Per Diem Claims Don't Fall Under FLSA

    The Fair Labor Standards Act doesn't specify when employers need to pay workers and doesn't give a right to per diem payments, Frontier Communications and a staffing contractor said while urging a Florida federal court to trim a telecom technician's suit.

  • February 06, 2025

    Trump's Federal Worker Buyout Plan Put On Hold

    A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.

  • February 06, 2025

    Mortgage Co. Strikes Deal To End Loan Officers' OT Suit

    A mortgage company reached an agreement with a collective of loan officers to resolve their suit accusing the firm of unlawfully classifying them as exempt from earning overtime wages, a filing in California federal court said.

  • February 05, 2025

    DOL Scores Partial Win In Farmworker Union Wage Rate Fight

    A Washington federal judge has granted the U.S. Department of Labor a partial win in a farmworker union's challenge to federal policies that have allegedly depressed farmworker wages, concluding that some claims challenge DOL actions that aren't final agency actions.

  • February 05, 2025

    Worker, Nonprofit Mental Health Co. Agree To End Work Row

    A former case manager sanctioned for faking evidence and the nonprofit mental health and addiction treatment center she accused of not paying full wages told a North Carolina federal court they agreed to end the case a month before the trial was set to start.

  • February 05, 2025

    NJ Supreme Court Will Review Immigrant's Wage Case

    The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.

  • February 05, 2025

    Justices' Ruling Nixes Md. Court's FLSA Order, 4th Circ. Told

    A Maryland federal court's decision imposing a stricter standard for an employer to claim an overtime exemption is no longer valid after the U.S. Supreme Court said the heightened evidence standard isn't necessary, an international food distributor told the Fourth Circuit.

Expert Analysis

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.