The Obama-era rule providing minimum wage and overtime pay protections to home care workers may be on the chopping block, representing a microcosm of the growing instability of the Fair Labor Standards Act and the reality of a post-Chevron regulatory landscape, attorneys say.
The California Supreme Court's upholding of punishment for the late payment of arbitration fees in wage and hour litigation, while the justices also established a new pathway for employer relief, seems like a compromise to avoid U.S. Supreme Court scrutiny, attorneys in the state said.
A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.
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The Obama-era rule providing minimum wage and overtime pay protections to home care workers may be on the chopping block, representing a microcosm of the growing instability of the Fair Labor Standards Act and the reality of a post-Chevron regulatory landscape, attorneys say.
The California Supreme Court's upholding of punishment for the late payment of arbitration fees in wage and hour litigation, while the justices also established a new pathway for employer relief, seems like a compromise to avoid U.S. Supreme Court scrutiny, attorneys in the state said.
A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.
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August 15, 2025
Cracker Barrel plans to ask the U.S. Supreme Court to weigh in on a suit accusing it of violating tip credit rules, the restaurant chain told the Ninth Circuit, saying there is a split on how courts handle the certification process for collective actions.
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August 15, 2025
An Arizona town illegally relies on a federal exemption that applies only to fire protection work to curb how much overtime fire department paramedics or EMTs can earn, a group of fire department employees said in a proposed collective action in federal court.
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August 14, 2025
Lizzo's touring company urged a California federal judge to sanction a former designer for failing to disclose records of receiving mental health treatment to support her emotional distress claim, arguing Wednesday it was forced to hire its own expert to examine her and prepare a rebuttal without those records.
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August 14, 2025
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
Grubhub Inc. and a former delivery driver who accused the mobile food delivery platform of misclassifying him as an independent contractor have reached a $24.75 million settlement in his nearly decade-old lawsuit, with the driver deeming the deal an "excellent result" for a proposed settlement class of California drivers.
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August 14, 2025
A onetime Planet Fitness general manager has filed a collective action in Ohio federal court, alleging the gym failed to pay nonexempt employees overtime in violation of the Fair Labor Standards Act, and failed to maintain accurate records of time worked and amounts earned by and paid to employees.
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August 14, 2025
A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.
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August 14, 2025
A class of salespeople and account representatives who sued Market Resource Partners LLC, a lead generation software company based in Philadelphia, for failing to pay them overtime have asked a Philadelphia judge to sign off on a $600,000 settlement.
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August 14, 2025
A Florida federal court erred by dismissing a worker protections suit against a staffing company instead of first addressing a subject matter jurisdiction dispute, the Eleventh Circuit ruled, although it affirmed the dismissal of two individual defendants for lack of personal jurisdiction.
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August 14, 2025
Cryptocurrency startup Unicoin Inc. and its CEO have asked a New York federal judge to dismiss a former consultant's lawsuit alleging he's owed wages and coin commissions for his work facilitating the firm's Canadian presence, arguing the consultant quit last summer and has no enforceable contract.
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August 14, 2025
Budtenders who work for Curaleaf Inc.'s Maryland dispensaries scored conditional class certification in their lawsuit accusing the company of taking their tips and paying them to managers in violation of the Fair Labor Standards Act.
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August 13, 2025
A deeply divided Ninth Circuit on Wednesday denied private detention operator GEO Group's request to review the appellate court's decision upholding $23 million in judgments against the company over its failure to pay detainees minimum wage for work behind bars.
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August 13, 2025
Ultimate Fighting Championship's parent companies told a Nevada federal court Tuesday that they have already filed nearly 4 million pages to comply with discovery deadlines in a wage dispute with fighters, arguing that the fighters' July request for sanctions, including default judgment, is unwarranted.
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August 13, 2025
J.B. Hunt can keep its win in a proposed class action that accused it of failing to pay its California drivers for all hours worked, the Ninth Circuit ruled, upholding a lower court's judgment that the company's wage scheme complies with state labor law.
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August 13, 2025
GE Appliances lawfully disciplined and terminated a probationary employee who complained about the company's overtime policy, a National Labor Relations Board judge ruled, finding the worker's actions were not protected under federal labor law.
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August 13, 2025
The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.
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August 12, 2025
A Connecticut federal judge denied a $60,000 proposed settlement between a home health care worker and her former employer because it contained a "problematic" clause banning the worker from seeking a job from the same employer in the future.
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August 12, 2025
A New Jersey state judge has trimmed a discrimination and retaliation suit brought by a former acting director at the state's Department of Banking and Insurance, tossing her unequal pay and hostile work environment claims, but allowing her retaliation and failure to promote claims to proceed.
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August 12, 2025
Ogletree Deakins Nash Smoak & Stewart PC has added the former associate general counsel for private equity and venture capital firm Fifth Partners as a shareholder in its Salt Lake City office.
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August 12, 2025
The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.
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August 11, 2025
A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.
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August 11, 2025
A New York federal magistrate judge has recommended preserving a proposed class action that accuses Con Edison and its subcontractors of failing to pay overtime wages to workers who directed traffic at the utility company's job sites.
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August 11, 2025
President Donald Trump’s mandate that the U.S. Department of Labor weigh in on the status of college-athletes could result in a rule or guidance that declares them employees or non-employees, which could impact which wage and hour protections apply. Here, Law360 explores what the DOL could say on the issue.
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August 11, 2025
The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.
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August 11, 2025
The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.