Wage & Hour

  • January 06, 2025

    Staffing Co. Strikes $4.4M Deal To End Nurses' Wage Suit

    A healthcare staffing agency agreed to pay $4.4 million to resolve a 2,300-member collective action accusing it of shorting travel nurses on overtime wages and forcing them to accept lower pay after they had already begun their contracts, a filing in Washington federal court said.

  • January 06, 2025

    Ohio State, NCAA, Big Ten Look To Sack Ex-QB's NIL Suit

    Ohio State University, the NCAA, The Big Ten Conference Inc. and a media rights licensing company urged an Ohio federal judge to toss a proposed class action brought by former Buckeye star quarterback Terrelle Pryor alleging they engaged in an anticompetitive conspiracy to monopolize profits on athletes' names, images and likenesses.

  • January 06, 2025

    Ex-Sunstein Partner Says Firm Sat On Payments For Months

    A former nonequity partner at Sunstein LLP says the firm waited months to pay him approximately $85,000 he was owed for work he performed for two clients he originated for the firm, according to a suit alleging violations of the Massachusetts Wage Act.

  • January 03, 2025

    Panera Stiffed Catering Staff Out Of OT Pay, PAGA Suit Says

    Panera cheated some employees out of overtime wages and reimbursement for the use of their cars and cellphones working with catering clients, and also manipulated records to inaccurately log break times in violation of California labor laws, according to a representative action lodged Thursday in California state court. 

  • January 03, 2025

    FTC Dems Eye Merger Review, Noncompete Legacy

    Federal Trade Commission Democrats started the new year with legacy on the brain, urging the soon-to-be Republican majority in a pair of statements to preserve their more "stringent approach" to merger review and their currently blocked ban on employment noncompete agreements, despite heavy criticism both received from their GOP peers.

  • January 03, 2025

    Apple Affiliate Operators Accused Of Evading Wage Judgment

    The operators of an Apple-affiliated repair company are shirking their duties to pay a nearly $840,000 judgment to workers who secured a jury trial win in their wage and hour lawsuit and have threatened to claw back any money workers receive, a filing in North Carolina federal court said.

  • January 03, 2025

    Budtender Says Tip Pool Suit Can Dodge Arbitration

    A budtender accusing a cannabis company of mishandling tips told a Michigan federal court that the arbitration clause in his employment agreement lacks mutuality and doesn't cover his claims, arguing that his case should stay in court.

  • January 03, 2025

    Staples Faces Another Unpaid OT Pay Class Action In Calif.

    Staples forced employees to work through breaks and regularly required them to do tasks like helping shoppers before clocking in and without being compensated, according to a proposed wage class action removed to California federal court Thursday, echoing similar wage violation claims alleged by Staples workers filed in the last year.

  • January 03, 2025

    Freelance Writers Ask 11th Circ. To Dump Ind. Contractor Rule

    Four freelance writers told the Eleventh Circuit that the U.S. Department of Labor's final rule determining whether workers are independent contractors creates uncertainty that clearly hurts them, seeking to flip a Georgia federal court's decision tossing their challenge to the rule.

  • January 03, 2025

    Calif. Panel Says PAGA Suits Always Have Individual Claims

    A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.

  • January 03, 2025

    Delivery Drivers Win Class Status In Misclassification Suit

    An Illinois federal judge greenlighted a 130-member class of truck delivery drivers who accuse a logistics company of misclassifying them as independent contractors, saying the workers are sufficiently similar even if some of them hired helpers.

  • January 02, 2025

    Wage Suit Against Flowers Foods Will Wait For High Court

    A lawsuit accusing Flowers Foods of misclassifying distributors as independent contractors will be on hold while the baking company turns to the U.S. Supreme Court after the Tenth Circuit kept the case out of arbitration, a Colorado federal judge ruled Thursday.

  • January 02, 2025

    Long-Running Amazon Misclassification Suit Can't Get Cert.

    A Washington federal judge refused to greenlight a class in a seven-year-long suit accusing Amazon of misclassifying drivers as independent contractors, ruling that the class would unfairly group together workers who took different approaches to the flexibility of the job.

  • January 02, 2025

    9th Circ. Says Religious Carveout Sinks Kosher Worker's Suit

    A religious exception shielding religious entities from certain claims applies to jobs at an Orthodox Jewish organization ensuring that food is kept kosher, the Ninth Circuit ruled, upholding the dismissal of a worker's lawsuit claiming he missed out on thousands of dollars in overtime pay.

  • January 02, 2025

    Ex-Coach Wants Bias Suit Against Univ. Of Ark. Kept Alive

    A Black softball coach on Thursday urged an Arkansas federal court to reject the University of Arkansas' bid to toss her lawsuit alleging she was paid less than white coaches, saying the university is holding her allegations to too high a standard at this stage in the litigation.

  • January 02, 2025

    Security Co. To Pay $340K To End DOL OT, Retaliation Suit

    A security company in California will pay $340,000 to halt a U.S. Department of Labor suit alleging it stiffed workers on overtime premiums and obstructed the agency's probe by intimidating workers, according to court papers filed Thursday.

  • January 02, 2025

    Saxton & Stump Adds Employment Atty In 2-Pronged Position

    A veteran employment attorney will pull double duty in her new role at Saxton & Stump as part of the Pennsylvania-based firm's employment team and as an adviser for its affiliate human resources consulting company.

  • January 02, 2025

    Worker Says Hospital System Fails To Provide Lunch Breaks

    A hospital system requires hourly paid employees to work through their lunch breaks but deducts 30 minutes from their paychecks each day and shorts them on overtime wages, a worker alleged in a proposed class and collective action filed in Kentucky federal court.

  • January 02, 2025

    Ex-Trader Joe's Exec Can't Revive Sex Bias Suit At 2nd Circ.

    The Second Circuit backed the dismissal Thursday of a Trader Joe's executive's suit claiming she was fired out of sex bias, stating she failed to put forward proof that her termination resulted from discrimination rather than her decision to take a vacation during the onset of the COVID-19 pandemic.

  • January 02, 2025

    Gay DC Cop Says He Was Demoted For Taking Parental Leave

    The Metropolitan Police Department of Washington, D.C., unlawfully refused to let a gay male police officer return to his position after he came back from parental leave, and instead transferred him to a schedule that exacerbated his Crohn's disease, according to a suit filed in federal court.

  • January 02, 2025

    DOL, Adult Disability Care Co. Strike $210K Deal In OT Suit

    A Houston-based care company for adults with disabilities will pay $210,000 to end a U.S. Department of Labor suit alleging it paid workers straight-time rates for all hours worked, according to a federal court filing.

  • January 02, 2025

    Mortgage Co. Says Loan Officers Aren't Eligible For OT

    A mortgage company urged a California federal court to throw out a suit by loan officers alleging they were misclassified as overtime-exempt, arguing the workers fall under an exemption in the Fair Labor Standards Act and are too dissimilar to proceed as a collective.

  • January 01, 2025

    Washington Cases To Watch In 2025

    Washington's highest court will take a closer look this year at a Monsanto toxic tort verdict worth $185 million, a pay disclosure requirement that's triggered a wave of lawsuits against employers, and a new state gun law, while federal regulators forge ahead in district court with landmark antitrust litigation against Amazon.

  • January 01, 2025

    3 Biden-Era Wage Regs That Could Sink In 2025

    The Biden administration's rules determining overtime eligibility, sorting out whether workers are independent contractors and raising federal contractors' minimum wage face uncertainty in 2025. Here, Law360 looks at how those three rules may change.

  • January 01, 2025

    Key W&H Legislative Trends For 2025

    In 2025, states and cities will intensify their efforts to experiment with employment law in the shadow of a Republican-controlled federal government, be it by expanding overtime protections for workers or refining pay transparency obligations, attorneys say. Here, Law360 explores the legislative trends employment law practitioners should look out for in the new year.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

    Author Photo

    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

    Author Photo

    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.