Wage & Hour

  • May 12, 2025

    Management Co. Can't Nab Early Win In OT Suit, Court Told

    Workers alleging a staffing and project management company failed to pay proper overtime rates urged a Georgia federal judge to deny its bid for summary judgment, saying the company dressed up hourly wages as salaries to dodge overtime obligations.

  • May 12, 2025

    New Pope's Name Signals Focus On Work Issues

    The choice of the name Leo XIV signals the new pope intends to make workers' rights a pillar of his papacy as the rise of artificial intelligence presages a workplace shake-up like that of the manufacturing revolution under the last pope to bear the moniker.

  • May 12, 2025

    Worker Says Pork Roll Co. Fired Him After Flagging Unpaid OT

    The company behind the New Jersey food product Taylor Ham failed to pay a maintenance supervisor overtime wages for 30 years and then fired him for complaining about it, a lawsuit filed in federal court said.

  • May 12, 2025

    Wiretap Evidence Allowed In $200M Forced Labor Case

    A Georgia federal judge has accepted a magistrate judge's recommendation that wiretap evidence be allowed into the prosecution of an alleged $200 million international forced labor scheme.

  • May 12, 2025

    Pet Treat Maker Doesn't Fully Pay Employees, Suit Says

    A pet product manufacturer with locations in Illinois and Colorado has been hit with proposed class and collective accusations in federal court in Chicago that the company illegally fails to pay employees for key work tasks they perform before and after their shifts.  

  • May 12, 2025

    Walmart, Transportation Manager End OT Suit

    Walmart and a transportation operations manager have agreed to end the worker's suit in Georgia federal court accusing the retailer of misclassifying her as overtime-exempt under the Fair Labor Standards Act, according to a joint filing Monday.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    CoreCivic Settles Guards' OT Suit For Security Screening

    Private prison operator CoreCivic and the correctional workers accusing it of not paying them for mandatory preshift security screenings told a Tennessee federal court Monday they have reached a settlement to end the proposed class and collective suit.

  • May 12, 2025

    Steel Co. To Pay $6M To End Underpayment Suit

    A steel products company will pay more than $6 million to resolve a class action accusing it of failing to pay employees for all their time spent working, according to a filing in Washington federal court.

  • May 12, 2025

    BofA Says Ex-Worker Can't Be Class Rep In Unpaid PTO Suit

    A lending officer is unfit to represent a proposed class of employees who claim they were not paid for unused vacation time when they left the company, Bank of America told a California federal court, saying the former employee was ineligible to accrue vacation time.

  • May 12, 2025

    Electrical Engineering Co. To Pay $1.4M To End DOL Probe

    An electrical engineering company agreed to pay $1.4 million to more than 2,600 employees to resolve the U.S. Department of Labor's allegation that it shorted workers on overtime wages, the department said.

  • May 12, 2025

    BB&K Litigator Joins Jackson Lewis In San Diego

    Employment law firm Jackson Lewis PC is growing its West Coast ranks, bringing in a Best Best & Krieger LLP litigator as a principal in its San Diego office.

  • May 09, 2025

    NY Gov. Amends Frequency Law's Liquidated Damages Clock

    New York Gov. Kathy Hochul on Friday approved changes to the state's highly litigated law requiring manual workers to be paid weekly, including changes to liquidated damages workers could receive from violations, as part of the fiscal year 2026 budget.

  • May 09, 2025

    Immigrants Find Workers' Rights Behind Bars

    Immigration detainees are bringing about a sea change in workers’ rights behind bars, chipping away at the assumption that people in civil detention or in prison fall outside the reach of minimum wage laws and protections against forced labor.

  • May 09, 2025

    Workers Behind Bars: The Push For Fair Pay In Detention And Prison

    Prisoners returning from a farm detail are escorted by a prison guard mounted on a horse that had been broken by the prisoners at Louisiana State Penitentiary in Angola, Louisiana. (AP Photo/Gerald Herbert)

  • May 09, 2025

    Working While Caged: The Fight To End Forced Prison Labor

    Inmates battling wildfires are just the tip of the iceberg in a largely invisible workforce of more than 800,000 people who work for meager pay while incarcerated. Civil rights lawyers, advocates and some elected officials are pushing to change the legal framework that enables prison labor practices, which many trace back to American slavery and the 13th Amendment.

  • May 09, 2025

    NY Forecast: X Arbitration Fees Dispute At 2nd Circ.

    This week, the Second Circuit will consider social media platform X's attempt to reverse a lower court order requiring it to pay fees for arbitration proceedings with employees who claim they were not paid the full amount of severance they were owed. Here, Law360 looks at this and other cases on the docket in New York.

  • May 09, 2025

    Disney Nears Prelim Approval On $43M Gender Pay Bias Deal

    A California judge said Friday he intends to grant preliminary approval of a $43.25 million class action settlement in a suit alleging Disney paid thousands of women in middle management less than their male colleagues.

  • May 09, 2025

    X Paying Millions In Severance Arbitration Losses, Atty Says

    X Corp. has lost nine out of every 10 arbitrations over former Twitter employees' claims they were shorted on severance payouts after Elon Musk's takeover of the social media company, resulting in awards ranging from $100,000 to millions of dollars, one of the workers' attorneys told a California federal judge.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Fisher Phillips Opens Tokyo Office Amid Regulatory Shifts

    Employer-side labor law firm Fisher Phillips has launched a Tokyo office in response to increasing client demand from American and multinational companies doing business in Japan and from Japanese companies doing business in the Americas.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Utah Liquor Workers Snag Collective Certification In OT Suit

    Package agents can move forward as a collective in their suit accusing the Utah Department of Alcoholic Beverage Control of misclassifying them as independent contractors, a federal judge ruled, saying the state failed to show how the workers weren't similarly situated.

  • May 09, 2025

    Calif. Forecast: Petroleum Cos. $7M Wage Deal Before Court

    In the coming week, attorneys should watch for the potential initial approval of a $7.2 million deal in a proposed wage and hour class action against Marathon Refining Logistics Services and related companies. Here's a look at that case and other labor and employment matters on deck in California.

Expert Analysis

  • What Employers Should Know Ahead Of H-2B Visa Changes

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    Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.

  • Int'l Athletes' Wages Should Be On-Campus Employment

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    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

  • 4 Trends Responsible For Declining FLSA Filings

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    In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • A Closer Look At Amendments To Virginia Noncompete Ban

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    Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.

  • Maximizing Employer Defenses After Calif. Meal Waiver Ruling

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    A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • What The Minimum Wage Shift Means For Gov't Contractors

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    While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.