Wage & Hour

  • October 06, 2025

    Pa. Hospitals Ink $28.5M Deal In No-Poach Deal Antitrust Fight

    Two hospitals will pay a combined total of $28.5 million to approximately 12,000 healthcare workers who alleged the defendants illegally agreed not to poach each other's doctors and nurses, which suppressed wages and job mobility opportunities in the area, according to a preliminary approval motion filed Friday in Pennsylvania federal court. 

  • October 06, 2025

    NJ Justices Seem Skeptical Wage Law Excludes Immigrants

    The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.

  • October 06, 2025

    Justices Won't Review EFAA's Effect On Wage Claims

    The U.S. Supreme Court rejected on Monday an invitation to consider whether the 3-year-old Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can also push workers' wage and hour claims into federal court.

  • October 06, 2025

    Amazon Fails To Pay Area Managers Overtime, Court Told

    Amazon misclassified area managers as overtime-exempt even though they mostly worked on handling packages, leading to unpaid overtime, a former employee said in a proposed class action now removed to Washington federal court.

  • October 06, 2025

    8th Circ. Revives Part Of Legal Tech Worker's OT Dispute

    The Eighth Circuit said in a published opinion Monday that the Minnesota federal district court must reexamine whether it has jurisdiction over an employee at legal document review company Consilio's pursuit of statutory damages for unpaid overtime under the Minnesota Fair Labor Standards Act.

  • October 06, 2025

    DJ Company Misclassified Workers, NJ Panel Rules

    A New Jersey wedding DJ services company misclassified its entertainers as independent contractors rather than employees, the state appeals court ruled, affirming the state Department of Labor's $45,645 judgment against the company.

  • October 06, 2025

    Baseball's Antitrust Exemption Escapes High Court Review

    The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.

  • October 06, 2025

    3 Pointers For Thoughtful Equal Pay Audits

    Disney must do regular equal pay audits as part of a recent $43 million settlement, which serves as a good reminder to employers about using such audits to weed out pay gaps, attorneys told Law360.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    Calif. Gov. Newsom Inks Bill To Let Lyft, Uber Drivers Unionize

    California Gov. Gavin Newsom on Friday signed into law legislation giving gig drivers the right to unionize and negotiate certain job terms and conditions, after state leaders reached a deal with Uber and Lyft to facilitate its passage.

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case

    A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.

  • October 03, 2025

    Logistics, Grocery Cos. Can't Keep Wage Suit In Fed. Court

    Inflated damages calculations and speculative attorney fee estimates can't keep a worker's suit accusing a logistics company and a wholesale grocery store chain of wage and hour violations in federal court, a California federal judge said Friday, vacating an earlier arbitration order.

  • October 03, 2025

    Amazon Disputes Firing Worker On Maternity Leave

    Amazon has urged an Illinois federal judge to grant it summary judgment in an ex-worker's lawsuit alleging pregnancy-based discrimination, saying she was fired only after failing to return at the end of an extended leave period and that it reminded her at least five times that she needed to provide documentation to support a longer leave.

  • October 03, 2025

    Insurer Says No Coverage For Wage Disclosure Class Actions

    A Tokio Marine unit said it has no duty to defend or indemnify restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a Washington federal court in two separate actions that the allegations do not trigger coverage under their respective employment practices liability insurance policies.

  • October 03, 2025

    9th Circ. Reopens Circle K Age Bias Suit Over Promotion

    The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.

  • October 03, 2025

    Brand Ambassadors Hit Grill Co. With Unpaid Wage, OT Suit

    A manufacturer of grill and cooking accessories only paid brand ambassadors based on the company's product sales during promotional events at Costco stores and improperly considered the workers overtime-exempt, an employee said in a proposed collective action filed in Utah federal court.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 03, 2025

    Calif. Forecast: NLRB, Compressed Gas Co. Head To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a California-based National Labor Relations Board matter involving a gas supplier. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • October 03, 2025

    DoorDash Subsidiary Owes Workers OT Pay, Court Told

    A DoorDash subsidiary that delivers groceries and household items failed to pay its associates for work performed before and after their shifts, training and missed meal breaks, an employee said in a proposed collective action in Tennessee federal court.

  • October 03, 2025

    8th Circ. Won't Review Teachers' Union Taxpayer Ruling

    The full Eighth Circuit will not review a split panel decision ruling that taxpayers could challenge a Minnesota school district's paid leave policy that allows teachers to take paid time off to work for their union.

  • October 02, 2025

    San Diego Women's Soccer Club Sues Ex-Prez Over Departure

    Owners of the San Diego Wave Futbol Club have sued its former president in California state court, alleging she lied about her intentions to stay with the women's soccer club after its purchase, resigning instead to take a job with FIFA as chief football officer.

  • October 02, 2025

    Southwest Owes OT For Work Around Flights, Attendant Says

    Southwest Airlines illegally fails to pay its Chicago Midway International Airport flight attendants for any work they perform outside the bounds of their actual flight time, according to a proposed class action one of the airline's employees filed in Illinois state court.

  • October 02, 2025

    Legal Services Co. Accused Of Not Properly Paying OT

    A legal service support company failed to properly pay its employees overtime, a former trial consultant said in a proposed collective action filed Thursday in Texas federal court.

  • October 02, 2025

    McDonald's Operator Pushes To Unravel Class In Break Suit

    A Colorado trial court failed to consider evidence showing that the operator of several McDonald's locations in Aurora, Colorado, did not violate the state's rest break laws, the entity told the state Supreme Court, urging the justices to undo the class.

Expert Analysis

  • Wash. Ruling Raises Pay Transparency Litigation Risk

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    Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.

  • A Mortgage Lender's Guide To State Licensing Overhaul

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    Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.