Wage & Hour

  • August 15, 2025

    Cracker Barrel Seeks Justices' Review Of 2-Step Cert. Process

    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.

  • August 15, 2025

    Ariz. Town Illegally Limits OT On Ambulance Work, Court Told

    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.

  • August 14, 2025

    Lizzo Touring Co. Wants Designer Sanctioned Over Health Info

    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. 

  • August 14, 2025

    9th Circ. Won't Revive 3M Worker's Noncompete Dispute

    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.

  • August 14, 2025

    Grubhub, Driver Ink $24.8M Deal To End Decade-Long Dispute

    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.

  • August 14, 2025

    Planet Fitness Shorted OT Pay, Ex-General Manager Says

    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.

  • August 14, 2025

    9th Circ. OKs Returning Calif. Farm Wage Suit To State Court

    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.

  • August 14, 2025

    Lead Generation Workers Seek OK For $600K OT Deal

    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.

  • August 14, 2025

    11th Circ. Partly Revives Day Labor Protections Suit

    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.

  • August 14, 2025

    Crypto Co. Slams Canadian Consultant's Unpaid Wages Claims

    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.

  • August 14, 2025

    Maryland Budtenders Win Class Cert. In Curaleaf Tip Suit

    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.

  • August 13, 2025

    9th Circ. Won't Review $23M GEO Detainee Pay Ruling

    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.

  • August 13, 2025

    UFC Fights Sanctions Bid, Cites Massive Document Dump

    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.

  • August 13, 2025

    9th Circ. Won't Revive JB Hunt Drivers' Pay Plan Challenge

    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.

  • August 13, 2025

    NLRB Judge Clears GE Of Firing Claim Tied To OT Complaint

    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.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    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.

  • August 12, 2025

    Home Care Worker's OT Deal Delayed By 'Problematic' Clause

    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.

  • August 12, 2025

    NJ Judge Trims Ex-Bank Regulator's Discrimination Suit

    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.

  • August 12, 2025

    Ogletree Adds PE Firm's Associate GC As Utah Shareholder

    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.

  • August 12, 2025

    Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says

    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.

  • August 11, 2025

    Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid

    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.

  • August 11, 2025

    OT Suit Against ConEd Strong Enough To Survive, Judge Says

    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.

  • August 11, 2025

    Trump College-Athlete Mandate Seeks DOL Input Amid Cases

    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.

  • August 11, 2025

    Split 8th Circ. Revives Minn. Suit Over Union Leave

    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.

  • August 11, 2025

    Posner Accuser Wants Roberts To Pick Judges For Wage Case

    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.

Expert Analysis

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.

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    The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.