Wage & Hour

  • April 18, 2025

    Sunoco Accused Of Age Bias By Ex-Chief Counsel

    A former chief counsel for Sunoco LP sued her ex-employer in Texas state court Wednesday, alleging she was denied promotional opportunities and later terminated due to her age, while also accusing the company of replacing attorneys older than 50 with significantly younger attorneys with less experience.

  • April 18, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The Trump administration faced off with two BigLaw firms in lawsuits over executive orders, a group of law students sued the U.S. Equal Employment Opportunity Commission over its demand for law firm diversity information and the American Bar Association was sued for race discrimination. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • April 18, 2025

    Ohio Health System Says It Didn't Cheat Workers On Time

    Cleveland health system MetroHealth has asked a federal court in Ohio to toss a potential class action alleging a failure to properly pay workers overtime, telling the judge a nursing assistant had not proved the healthcare provider violated the Fair Labor Standards Act.

  • April 18, 2025

    Del. House Bill Would Exempt Overtime Pay From Income Tax

    Delaware would exempt eligible workers' overtime pay from state income tax under a bill introduced in the state House of Representatives.

  • April 18, 2025

    Philly Firm Leaders Form Employment, Civil Rights Boutique

    Attorneys out of Philadelphia and New Jersey have merged their practices to start a new law firm focused on employment, criminal, civil rights and survivor's rights law, the partners announced earlier this week.

  • April 18, 2025

    Calif. Forecast: Court Weighs $20M Raytheon Cos. Wage Deal

    In the coming week, attorneys should keep an eye out for potential initial approval of an almost $20 million class action settlement involving three Raytheon companies. Here's a look at that case and other labor and employment matters coming up in California.

  • April 18, 2025

    NY Forecast: Judge Hears Hospital's Bid To Nix Race Bias Suit

    In the coming week, a New York federal judge will consider a hospital's request to toss a suit brought by a doctor who claims she was discriminated against on the basis of her race and gender and retaliated against when she complained.

  • April 18, 2025

    CFPB Mass Layoffs Blocked Again In DC Court

    A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.

  • April 17, 2025

    9th Circ. Tosses Objections To $10.4M CVS Wage Settlement

    A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.

  • April 17, 2025

    Filipino Workers Say FEMA Contractor Cheated Them On Pay

    A construction company with $88 million worth of Federal Emergency Management Agency contracts recruited 17 Filipino workers, promising fair wages and free housing, but instead cheated them out of pay and housed them in unsanitary conditions, a suit filed Thursday in the Northern Mariana Islands federal court claims.

  • April 17, 2025

    5 Overtime Claims Employers Keep Facing

    As the federal rules shift around overtime exemptions, employers often get hit with claims that they misclassified workers as exempt, failed to include bonuses in overtime math and paid a flat rate even when work went beyond 40 hours a week. Here, Law360 explores common overtime claims and how to avoid them.

  • April 17, 2025

    Rental Car Cos. Misclassify Workers, Suit Says

    A staffing company and several rental car companies including Hertz incorrectly classify workers as independent contractors to save costs and avoid paying them overtime wages, according to a proposed class and collective action filed in Virginia federal court.

  • April 17, 2025

    AFL-CIO, Unions Can Pursue Some DOGE Access Claims

    The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.

  • April 17, 2025

    'Latter-Day Machiavelli' Defamed Calif. Law Firm, Court Told

    California employment law firm Lawyers for Justice PC has filed a suit in state court accusing one of its former clients of defamation in what the firm calls "a scorched-earth crusade against her former attorneys."

  • April 17, 2025

    2nd Circ. Reverses Packaging Workers' Rejected Wage Deal

    The Second Circuit gave workers another chance to win approval of their $840,000 deal with a packaging supplies manufacturer over claims of unpaid wages, saying a lower court shouldn't have considered their attorney's alleged misconduct in another case as basis for deeming his counsel inadequate in this one.

  • April 17, 2025

    Travel Tech Co. Accused Of Misclassifying Sales Workers

    A travel technology company incorrectly classifies sales employees as exempt from earning overtime wages despite their job duties not falling under any overtime exemption, a proposed class action filed in Colorado state court said.

  • April 17, 2025

    Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit

    A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.

  • April 17, 2025

    NYC Strikes Deal To End Housing Workers' OT Suit

    New York City struck a deal to resolve a housing development worker's collective action accusing it of running afoul of the Fair Labor Standards Act by stiffing city employees on overtime wages, a federal court filing said.

  • April 16, 2025

    Southwest Moves Union's Sick Leave Fight To Federal Court

    Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.

  • April 16, 2025

    JetBlue Hit With Meal Break, Back Pay Class Suit In Wash.

    JetBlue Airways Corp. is the target of a proposed class action in Washington state court from workers who allege the airline owes them for sick leave and breaks, as well as back pay for new hires, who had to study for mandatory orientation and job assessments.

  • April 16, 2025

    3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact

    The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.

  • April 16, 2025

    Orgs. Sue DOL Over Termination Of Int'l Labor Rights Projects

    Three nonprofits have filed suit in D.C. federal court to have the U.S. Department of Labor reinstate cooperative agreements aimed at supporting workers' rights programs abroad, claiming that the department, at the direction of the Department of Government Efficiency, terminated the agreements based on "policy disagreement."

  • April 16, 2025

    Wash. AG Says Seattle Public Schools Shows Pregnancy Bias

    Seattle Public Schools fails to provide pregnant and nursing employees with accommodations such as flexible bathroom breaks and retaliates against workers who request pregnancy-related accommodations, the Washington state attorney general said in a new lawsuit.

  • April 16, 2025

    UnitedHealth Sanctioned For Excluding Wage Class Members

    A New Mexico federal judge slapped sanctions on UnitedHealthcare for its "dilatory and dismissive tactics" in evading care coordinators' request for a complete dossier of class members in their wage and hour settlement, saying the company should foot the bill for several months of litigation.

  • April 16, 2025

    Novel Equal Pay Laws Double-Edged Sword, Advocate Says

    Worker-side attorney Schwanda Rountree said she is optimistic about pay transparency empowering employees but wary of how other developments in equal pay-adjacent areas and return-to-work policies may inadvertently hurt workers. Here, Law360 speaks with Rountree about how pay-gap issues will evolve.

Expert Analysis

  • 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.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.