Wage & Hour

  • April 08, 2025

    Farmworkers Fight To Keep Wages Collective Suit Standing

    A North Carolina federal judge should reject three farms' attempts to detangle a collective and snag an early win in a suit accusing them of failing to reimburse farmworkers for travel and visa expenses, the workers said, standing by claims they said are timely and well-supported.

  • April 08, 2025

    Atty Says Debevoise Fired Him Over Medical Leave

    Debevoise & Plimpton LLP fired an attorney in its international dispute resolution practice group because he had taken medical leave, abruptly dismissing him two days after he returned, and refused to give him a chance to increase his billable hours, he told a New York federal court.

  • April 07, 2025

    Snyder's-Lance Looks To Ax Proposed Class Wage Claims

    The company that makes Snyder's pretzels asked a North Carolina federal judge Monday to deny a Pennsylvania employee's bid to represent a class of workers from 12 states in a wage lawsuit, arguing she can't sue under the laws of the 11 states she doesn't live or work in.

  • April 07, 2025

    NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit

    Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.

  • April 07, 2025

    Wage Access Co. Says NY AG Threatened Suit, Seeks Relief

    Earned-wage access provider DailyPay sued Letitia James on Monday seeking a declaratory judgment that its payments do not constitute loans under New York law or violate federal and state laws, alleging the state attorney general has effectively declared all such products illegal.

  • April 07, 2025

    Former Workers Say X Corp. Refuses To Arbitrate Their Claims

    A group of former Twitter employees is trying to force the company now known as X to arbitrate the workers' challenges to allegedly unlawful actions taken after Elon Musk's acquisition of the platform, claiming the social media giant is preventing their cases from moving forward by refusing to pay the full arbitration fees.

  • April 07, 2025

    Ohio Hospital Illegally Conducted Mass Layoffs, Workers Say

    An Ohio hospital abruptly laid off more than 100 workers without notice and failed to pay many of those employees their final paychecks, a proposed class action filed in federal court said.

  • April 07, 2025

    Freelancers Lack Standing In Contractor Rule Fight, DOJ Says

    The federal government told the Eleventh Circuit that four freelance writers didn't have standing to challenge former President Joe Biden's final independent contractor rule, adding that the U.S. Department of Labor is currently reconsidering the rule under the new administration.

  • April 07, 2025

    State And Local Wage And Hour Updates To Watch

    A handful of states and Los Angeles are considering legislation that would publicize wage violators, halt work due to independent contractor misclassification, extend paid leave to take care of non-blood relatives and address other issues. Here, Law360 explores wage and hour updates to watch.

  • April 07, 2025

    NYPD Officers Settle Wage Claims Against Real Estate Co.

    Several New York Police Department officers agreed to settle claims alleging that a real estate company they performed off-duty uniformed security work for paid them late, but their suit against the Police Department and dozens of companies remains, according to federal court filings.

  • April 07, 2025

    Drivers Say Amazon Attys Covertly Contacted Class Members

    Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.

  • April 07, 2025

    Teamsters Unit Seeks Early Win For Reinstatement Award

    A Teamsters local urged a Missouri federal court to uphold an arbitration award requiring Unilever to reinstate an employee who was let go for allegedly falsifying company records, arguing the arbitrator issued a reasonable decision that the worker was fired without just cause.

  • April 07, 2025

    Whole Foods To Settle Bonus Manipulation Suit

    Whole Foods has agreed to resolve a lawsuit claiming the grocery chain rigged an employee bonus program to reduce payouts to workers, according to a filing in D.C. federal court.

  • April 07, 2025

    Woody Allen Resolves Private Chef's Military Leave Suit

    Woody Allen struck a deal with his former private chef to resolve his suit accusing the filmmaker of abruptly firing him after he took time off to participate in military exercises as a member of the U.S. Army Reserve, a filing in New York federal court said.

  • April 07, 2025

    Texas County Settles Atty's Disability Suit On Eve Of Trial

    A Texas federal court tossed an attorney's suit accusing Harris County, Texas, of failing to accommodate his leave requests and instead punishing him with a negative performance review after the parties said they reached a deal ahead of trial.

  • April 07, 2025

    High Court Won't Hear Case On Employee Status Of Inmates

    The U.S. Supreme Court declined on Monday to review a Fourth Circuit opinion finding that inmates working at a Baltimore County, Maryland, recycling facility might be covered by the Fair Labor Standards Act and entitled to minimum wages.

  • April 04, 2025

    Airport Staffing Co. Hit With Colo. Holiday Overtime Pay Suit

    Two Colorado residents who worked at the Denver International Airport have sued the staffing company that employed them, accusing it in state court of shorting them on overtime by failing to factor in their holiday incentive pay.

  • April 04, 2025

    NY Forecast: 2nd Circ. Weighs OK Of Disputed Settlement

    This week, the Second Circuit will consider whether to reverse a Connecticut federal judge's decision giving final approval to a class and collective action settlement between a home health care company and workers based on a memorandum of understanding that the company claims is unenforceable.

  • April 04, 2025

    New Calif. Bills To Watch On Pay And Leave

    California’s Legislature is considering bills that seek to update the state’s equal pay laws, bar employers from using so called stay-or-pay contracts and harmonize the meaning of family across paid leave laws. Here, Law360 explores these three bills that will drive discussion on workers’ rights.

  • April 04, 2025

    NJ Panel Rules Troopers' CBA Unclear On OT Math

    An arbitrator correctly tossed a New Jersey State Police troopers union's grievance over overtime calculations because the collective bargaining agreement is ambiguous on which benchmark to use, a state appellate panel ruled Friday.

  • April 04, 2025

    Crypto Firm Shorted Exec On Wages And Commissions, Suit Says

    The former chief commercial officer of a cryptocurrency startup accused the company of reneging on its promise to pay him wages and coin commissions for his work facilitating the firm's registration and legal trading in Canada, in a new lawsuit filed in New York federal court.

  • April 04, 2025

    Seattle Children's Faces Class Action Over Nurse Meal Breaks

    A Washington nurse has filed a proposed class action alleging Seattle Children's Hospital broke state law by failing to schedule or provide mandatory rest and meal breaks, in a state court complaint that said the problem was made worse by understaffing during the COVID-19 pandemic.

  • April 04, 2025

    Calif. Forecast: AB 5 Trucking Challenge Back At 9th Circ.

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a challenge to California's independent contractor classification law by trucking industry groups and two drivers, a case that previously went before the appeals court. Here's a look at that case and other labor and employment matters coming up in California.

  • April 04, 2025

    Fox Rothschild Employment Atty Joins Pierson Ferdinand

    Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.

  • April 04, 2025

    Drexel Can't Get New Trial In Prof's Equal Pay Suit

    Drexel University cannot unravel a $355,000 award for a philosophy professor after a jury found she was willfully paid less than her male colleagues out of bias, a Pennsylvania federal judge ruled Friday, saying the court wouldn't rethink disciplining the university for failing to provide pertinent pay data.

Expert Analysis

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.