Wage & Hour

  • March 27, 2025

    School Bus Contractor Stiffed Workers On OT, Suit Says

    A provider of school bus services did not pay its drivers their full overtime wages, failed to include nondiscretionary bonuses in their regular rates of pay and did not pay for the time they spent traveling to and from required meetings, a proposed collective action complaint filed in Ohio federal court has alleged.

  • March 27, 2025

    UPS, Workers To Take Military Leave Suit To Mediation

    United Parcel Service and a class of employees alerted a Washington federal court that they intend to mediate the workers' lawsuit accusing the company of failing to pay drivers on short-term military leave while paying those who take time off for jury duty and other short-term absences.

  • March 27, 2025

    Ga. Therapy Clinic Accused Of Refusing OT Payments

    A Georgia mental health clinic was sued Wednesday by a former aide who alleged that she was forced to resign her position with the company last year when it refused to give her thousands of dollars of overtime pay she claims she was owed.

  • March 27, 2025

    Defense Contract Workers Allowed Collective Cert. In OT Suit

    Workers suing an engineering company that contracts with civilian and defense agencies will be able to proceed as a collective on their claims that they were cheated out of overtime, a Virginia federal judge ruled Thursday while trimming the scope of the collective.

  • March 27, 2025

    Raytheon, Black Accounting Workers End Hiring Bias Suit

    Raytheon Technologies Corp. has resolved a lawsuit alleging it refused to permanently hire four temporary Black accountants and replaced them with less qualified non-Black workers, according to a Thursday filing in Texas federal court.

  • March 27, 2025

    Elevance Fails To Pay Wages At Termination, Worker Says

    Elevance Health failed to pay workers their final wages on the business day following their terminations in violation of Connecticut law, and now owes them twice the amount of those wages, according to a proposed class action filed in state court.

  • March 27, 2025

    Ollie's Bargain Outlet Settles Wage Suit With Ex-Worker

    Discount retailer chain Ollie's Bargain Outlet Inc. and a former employee claiming he was misclassified as overtime-exempt told a New York federal court Thursday that they have settled his suit brought under the Fair Labor Standards Act and the New York Labor Law.

  • March 27, 2025

    EMS Co. Accused Of Failing To Pay Proper Overtime

    A private ambulance company has been hit with a proposed class action in Georgia federal court over allegations that it failed to pay workers overtime wages as required by the Fair Labor Standards Act.

  • March 26, 2025

    Judge Tosses Some Wage-Fix Claims Against Meat Packers

    A Colorado federal judge on Wednesday ruled that plaintiffs alleging meat producers conspired to fix industry wages can't recover under certain claims for conduct that happened before January 2020, finding an amended complaint raised a new conspiracy for which the companies weren't on notice they could be held liable.

  • March 26, 2025

    Wings Restaurant Illegally Retains Tips, Server Says

    Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.

  • March 26, 2025

    Worker Says Koch Foods Fails To Pay For Off-Clock Tasks

    Koch Foods refused to pay workers for the time they spent putting on and taking off protective gear, and it deducted money from their paychecks if they needed items replaced during a workweek, a proposed class action filed in Illinois federal court said.

  • March 26, 2025

    NLRB Defends Finding Illegal Wage Snub To 9th Circ.

    The National Labor Relations Board properly found that a gas supplier violated federal labor law by withholding a raise from a group of unionizing Southern California employees in 2018, board prosecutors told the Ninth Circuit, asking the appellate court to enforce the ruling.

  • March 26, 2025

    Colo. Rehab Center Must Face Nurse's Civil Theft Claim

    A Colorado rehabilitation center can't escape a nurse's civil theft claim in her suit alleging the center required her to work through meal breaks without proper pay, a federal judge ruled, saying a longer statute of limitation applies.

  • March 26, 2025

    Kaiser Left Holiday Pay, Incentives Out Of OT, Worker Claims

    Healthcare company Kaiser Permanente miscalculated workers' overtime by leaving out rates for extra days of work and holidays, according to a proposed class action filed in Colorado state court.

  • March 26, 2025

    Crunch Fitness Fails To Pay All Wages, Worker Says

    Crunch Fitness failed to pay California-based employees for all their hours worked, improperly calculated their overtime pay and lacked a procedure in place by which workers could accrue paid sick time, a Private Attorneys General Act lawsuit said.

  • March 26, 2025

    House Panel Urges Labor Head To Keep Subminimum Wage

    Republican members of a U.S. House committee urged the head of the U.S. Department of Labor on Wednesday to drop a Biden administration proposal to phase out the ability of employers to pay workers with disabilities below the federal minimum wage.

  • March 25, 2025

    Ohio Snack-Maker To Pay $1.15M In Worker Wage Settlement

    An Ohio federal judge on Tuesday approved a $1.15 million settlement ending a collective action that accused snack manufacturer Shearer's Foods of having employees work overtime without pay, including doing necessary preshift sanitation and preparation work.

  • March 25, 2025

    NCAA Baseball Coaches Ask Court To OK $49M Wage-Fix Deal

    A group of Division I volunteer baseball coaches has asked a California federal court to sign off on a proposed settlement under which the NCAA would pay $49.25 million to roughly 1,000 coaches to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.

  • March 25, 2025

    Recruiter To Pay $6M To End Nurses' Suit Alleging Strict Pacts

    An Ohio federal judge greenlighted a deal in which a healthcare staffing company that recruits nurses from the Philippines will shell out $6 million to settle a suit with about 5,600 workers accusing it of imposing strict employment contracts, not paying overtime and mandating a gossip ban.

  • March 25, 2025

    Hershey Escapes Ex-Production Worker's Leave Bias Suit

    Hershey defeated a former production operator's lawsuit claiming he was fired for taking time off to assist his wife with fertility treatments, a Pennsylvania federal judge ruled, saying there was nothing wrong with an internal investigation that found he was misusing the leave he'd been given.

  • March 25, 2025

    House Panel Split On Independent Contractor, OT Updates

    Republicans on a U.S. House subcommittee called on Tuesday for updating the Fair Labor Standards Act to more easily classify workers as independent contractors and enable overtime and paid time off swapping, while Democrats urged greater protections for employees, not a watering down of the law.

  • March 25, 2025

    Media Cos. Want Docs Unsealed In X Workers' Layoff Suit

    More than two dozen filings in a proposed class action alleging X unlawfully shorted laid-off workers on severance should be unveiled, several media companies told a Delaware federal court Tuesday in a bid to intervene in the case, arguing the public has a right to view those filings.

  • March 25, 2025

    NCAA Makes New Bid To Sink Athletes' Wage Suit

    A group of student-athletes still failed to show that their colleges, universities and the NCAA had the joint control typical of employers even after their cases took a trip to the Third Circuit, the association told a Pennsylvania federal court, launching a renewed bid to toss the students' suit.

  • March 25, 2025

    Staffing Co. Workers Can't Get Class Status In NC Wage Suit

    Staffing firm employees can't proceed as a class in their lawsuit accusing their employer of failing to pay them a minimum wage, a North Carolina federal judge ruled, because they can't show that all the workers were subject to the same common policies.

  • March 25, 2025

    DOJ Says 5th Circ. Fed. Contractor Wage Hike Dispute Moot

    The Fifth Circuit's ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must be nixed because President Donald Trump overturned the rule in an executive order, the U.S. Department of Justice said.

Expert Analysis

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.