Wage & Hour
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March 14, 2025
NYC Asylum Shelter Co. Illegally Fired Workers, Suit Says
A New York City contractor that provided shelter for asylum-seekers illegally laid off more than 200 employees without notice a class action filed in federal court said.
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March 13, 2025
Buehler's Managers Say Grocery Chain Flouts OT Laws
Grocery chain Buehler's Fresh Foods is accused of failing to pay overtime wages to catering, produce, kitchen and bakery managers who put in more than 40 hours per workweek but were wrongly classified as exempt, according to a proposed collective action filed in Ohio federal court.
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March 13, 2025
Chicago Teachers' Pension Fund Beats Accountant's Bias Suit
The Chicago Teachers' Pension Fund defeated Thursday a former accountant's lawsuit claiming he was passed over for promotions and ultimately fired because he was a Black man in his 60s, with an Illinois federal judge finding it was his declining job performance that cost him the job.
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March 13, 2025
Pizza Driver Costs Suits Persist A Year After 6th Circ. Ruling
Courts are still grappling with the standard by which businesses should reimburse pizza delivery drivers for vehicle expenses, a year after the Sixth Circuit decided not to choose either method workers and employers put forward. Here, Law360 checks in on the issue.
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March 13, 2025
Teamsters, United Get Attendants' Raise Method Suit Trimmed
The Teamsters and United Airlines can escape most of a suit in which flight attendants challenged the formula for how the union sorts out raises, a California federal judge ruled Thursday, keeping alive only Railway Labor Act due process claims.
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March 13, 2025
Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit
An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.
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March 13, 2025
6th Circ. Won't Rehear Ex-Electric Co. Exec's Severance Suit
The Sixth Circuit will not rethink its panel decision upholding the dismissal of a severance suit brought by American Electric Power Services Corp.'s former chief digital officer who claimed he was shortchanged on his way out the door, according to a Thursday order.
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March 13, 2025
Rikers Fails To Pay For OT Work, Correction Officers Say
New York City fails to take into account preshift tasks and extra compensation correction officers working on Rikers Island receive when calculating their overtime wages, a proposed collective action filed in federal court said.
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March 13, 2025
Food Production Workers Certified As Collective In Wage Case
Food production workers who claim their employer didn't pay them for donning and doffing sanitary clothing outside their scheduled shifts showed they are similarly situated enough to proceed as a collective, a New York federal judge ruled.
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March 13, 2025
Worker's Missed Deposition Dooms Wage Case, Co. Says
A former employee of a logistics firm refuses to voluntarily dismiss his wage and hour collective action despite failing to show up for his deposition and expressing that he no longer wishes to pursue the case, the company argued as it urged a North Carolina federal court to toss the suit.
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March 12, 2025
Fox News Cleared Of Sex Assault Claims, But Anchor Isn't
A New York federal judge on Wednesday agreed to free Fox News from a suit alleging that former host Ed Henry sexually harassed and raped a former producer but held that Henry must face the bulk of her claims before a jury trial set for May.
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March 12, 2025
Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds
Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.
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March 12, 2025
Shepherd Blasts Ranchers' Bid To End Wage-Fixing Suit
A Peruvian sheepherder has asked a Nevada federal judge not to dismiss his proposed antitrust class action alleging that a ranching association and its members conspired to suppress migrant workers' wages, arguing that he has detailed information about when the member ranches agreed to follow the association's prohibitions on employee transfers or recruitment.
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March 12, 2025
Senate Confirms Trump's Pick For DOL Deputy Leader
The U.S. Senate on Wednesday in a party-line vote confirmed President Donald Trump's nominee for deputy labor secretary, the second-in-command of the U.S. Department of Labor.
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March 12, 2025
Manager Says Flagging FMLA Concerns Got Her Fired
A nonprofit health system fired its Family and Medical Leave Act case manager after she spoke out against the unlawful changes it made to its leave policies that made it more difficult for workers to take time off, a lawsuit filed Wednesday in Indiana federal court said.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility
The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.
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What To Know About Ill. Employment Law Changes
Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.
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Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent
A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Old Employment Law Principles Can Answer New AI Concerns
Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Water Cooler Talk: Immigration Insights From 'The Proposal'
Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Eye On Compliance: NY's New Freelance Protection Law
New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
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.
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2 Lessons From Calif. Overtime Wages Ruling
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.