Wage & Hour

  • March 31, 2025

    Amazon's Bid To Kick Drivers From Pay Suit Mostly Denied

    A Washington federal judge agreed to oust only two of the 11 workers Amazon asked to dismiss from an 8-year-old suit accusing the company of misclassifying drivers as independent contractors, saying the other nine made enough effort to comply with discovery.

  • March 31, 2025

    DC Police Look To Sink Gay Cop's Parental Leave Suit

    A gay police officer's suit alleging he was placed in a less desirable position after returning from parental leave should be thrown out, the Washington, D.C., police department told a federal court, saying he can't show that his new role was worse than his previous one.

  • March 28, 2025

    Trucking Co. Loses Bid To Decertify Classes In Wage Spat

    A trucking company headquartered in Nebraska can't win its bid to decertify two classes of drivers alleging they are owed unpaid minimum wages, a federal judge ruled Friday, finding an individual assessment about how workers were paid isn't necessary.

  • March 28, 2025

    FedEx Workers' Wage Suit Will Wait On Conn. Justices' Input

    A Connecticut federal judge pressed pause on a class action alleging FedEx Ground Package System Inc. failed to pay workers for their time spent undergoing preshift security screenings, giving the state's high court a chance to weigh in on a similar dispute.

  • March 28, 2025

    NY Forecast: 2nd Circ. Weighs City Worker's Free Speech Suit

    This week, the Second Circuit will consider an attempt from the former city planner for Newburgh, New York, to revive her lawsuit claiming she was fired for advocating that the city adopt antiracism policies for the city's housing initiatives.

  • March 28, 2025

    Walgreens Can't Trim Agent's Overtime Lawsuit

    Walgreens cannot escape breach of contract and unjust enrichment claims in an agent's suit alleging unpaid off-the-clock work, an Illinois federal judge ruled, saying that the worker claimed the company agreed to pay for that time.

  • March 28, 2025

    NJ Says Banking Dept. Retaliation Suit Still Lacks Facts

    New Jersey urged a state court to dismiss a discrimination and retaliation suit from a former acting director at the state's Department of Banking and Insurance, arguing she hasn't backed her claims she was paid less than her male counterparts and lost out on a promotion due to her gender.

  • March 28, 2025

    Class Deal Doesn't Free Shell Contractor From Fed. Wage Suit

    A class action settlement in Pennsylvania state court over unpaid time spent shuttling to and from the construction of Shell's Beaver County petrochemical plant was distinct enough from a proposed federal class action that the contractor defendant can't dismiss the latter suit, a federal judge ruled Friday.

  • March 28, 2025

    5th Circ. Nixes Fed Contractor Wage Decision After Trump EO

    A Fifth Circuit panel agreed Friday to toss its earlier decision ruling that President Joe Biden had the authority to raise the minimum hourly wage for federal contractors to $15, two weeks after President Donald Trump signed an executive order nixing the wage bump.

  • March 28, 2025

    John Deere Retailer Wants Ga. Claim Axed From OT Suit

    A former employee of a John Deere retailer cannot proceed with a Georgia common law claim accusing the company of illegally profiting off its failure to pay salespeople overtime, the retailer told a federal court, saying the allegation cannot stand separately from the worker's federal wage and hour law allegation.

  • March 28, 2025

    Jackson Lewis Names New Leader In White Plains, NY

    Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.

  • March 28, 2025

    Calif. Forecast: 9th Circ. Hears Trucker Piece-Rate Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a proposed class action that revolves around a transportation company's alleged piece-rate pay policy. Here's a look at that case and other labor and employment matters on deck in California.

  • March 28, 2025

    Avis Must Face Managers' Misclassification Suit

    Car rental company Avis can't escape managers' collective action accusing it of misclassifying them as overtime-exempt, a New Jersey federal judge ruled, finding a longer time limit for bringing the suit applied because the workers backed up their claims that the company's conduct was willful.

  • March 28, 2025

    Ex-Paralegal Sues Ga. Personal Injury Firm Over 658 OT Hours

    An Atlanta-based personal injury law firm didn't pay a former paralegal for 658 hours of overtime, and it erroneously considered her a salaried-exempt employee, according to a lawsuit filed in Georgia federal court.

  • 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

    For Trump's DOL, Dueling Interests In Agency Power

    At a time of judicial skepticism of agency power, the Trump administration will have to balance its interest in nixing U.S. Department of Labor rules with its interest in preserving the agency's authority to make such rules, attorneys say.

  • 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

    Past DOL Officials Share Advice For New Leadership

    As the U.S. Department of Labor leadership takes shape under President Donald Trump and proceeds on wage and hour and other policy priorities, former officials say the new top brass should listen to career staffers and keep enforcement actions fair. Here is what the former officials told Law360.

Expert Analysis

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.