Wage & Hour

  • March 18, 2025

    Bojangles Managers Want Collective Upheld In Wage Suit

    Bojangles managers urged a North Carolina federal court to reject their employer's bid to decertify their collective, saying the company is misrepresenting a Fourth Circuit opinion that determined the trial court acted too quickly when it granted their bid for class status.

  • March 18, 2025

    Maynard Nexsen Adds 5 Constangy Employment Attys In LA

    Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.

  • March 18, 2025

    Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling

    The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.

  • March 18, 2025

    Minn. Independent Contractor Challenge Could Be Bellwether

    A challenge to a Minnesota independent contractor test could have a domino effect nationwide if the construction groups challenging the law over its ambiguity are successful since such classification tests are by nature vague, attorneys say.

  • March 18, 2025

    Pa. Shell Plant Workers Get Cert. For Commute Time Suit

    Hundreds of contractors who helped build Shell's petrochemical plant in Western Pennsylvania can be represented in a lawsuit seeking pay for extra time they spent being shuttled between the worksite and satellite parking, after a federal judge granted class certification Tuesday.

  • March 18, 2025

    Carnival Co. Must Face H-2B Visa Workers' Wage Suit

    A traveling carnival business and its president cannot avoid a proposed class action alleging they forced workers employed through the H-2B visa program to work long hours without overtime pay, a Virginia federal judge ruled, saying there's not enough evidence to warrant a pretrial win.

  • March 17, 2025

    Google To Pay $28M On Claim It Favored White, Asian Workers

    Google LLC will pay $28 million to put to rest allegations it pays and promotes certain nonwhite employees less than their white and Asian colleagues, counsel for a class of workers said Monday.

  • March 17, 2025

    NJ Justices Deem Commissions Protected Under Wage Law

    The New Jersey Supreme Court clarified in a unanimous opinion Monday that workers who make commissions are subject to state wage law protections, handing a win to an employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic.

  • March 17, 2025

    Give Truckers $1.3M In Misclassification Suit, Judge Says

    A California federal magistrate judge has recommended awarding about $1.3 million to five former Central Freight Lines truck drivers, saying they presented a convincing case that the now-defunct company misclassified them as independent contractors.

  • March 17, 2025

    X Corp. Says Dismissal, Sanctions Go Together In Bonus Suit

    A former X Corp. senior director of compensation engaged in "vexatious conduct" that should not allow him to drop his suit claiming unpaid bonuses without sanctions, the social media platform told a California federal judge.

  • March 17, 2025

    Co. Mislabeled Migrant Workers To Skirt Higher Pay, Suit Says

    A Colorado company called over 200 migrant workers "agricultural equipment operators" instead of truck drivers to pay them lower wages, even though their job was to haul product across state lines in trucks, not operate agricultural equipment in fields, a new proposed class action in Colorado federal court alleges.

  • March 17, 2025

    2nd Circ. Sends Amazon Wage Question To Conn. Justices

    The Second Circuit asked Connecticut's top court Monday to weigh in on whether employees are owed pay for their time spent undergoing post-shift anti-theft screenings, saying the state's justices have not yet provided guidance on this matter.

  • March 17, 2025

    Trump Revokes Fed. Contractor Wage Order That Led To Suits

    President Donald Trump rescinded former President Joe Biden's executive order increasing the minimum wage for federal contract workers to $15 an hour, leaving an uncertain future for the U.S. Department of Labor rule implementing the order and ongoing court challenges to the rule.

  • March 17, 2025

    DOL Urges 5th Circ. To Keep Contractor Wage Hike Ruling

    Former President Joe Biden had the authority to raise the minimum wage for federal contractors through a presidential executive order, the Trump administration's U.S. Department of Labor said, urging the full Fifth Circuit to leave in place a panel's decision backing the wage hike.

  • March 17, 2025

    Food Distributor Takes Drivers' FLSA Suit To 9th Circ.

    A food distributor told a California federal court that it plans to appeal to the Ninth Circuit the court's decision that two drivers' wage and hour claims belong in state court, according to a court filing.

  • March 17, 2025

    Asylum-Seeker Says Biz Owner Forced Him Into 'Servitude'

    A Colorado business owner forced a Venezuelan migrant into working 100 hours a week without any pay and dangled the potential deportation of him and his family over his head so he wouldn't quit, a lawsuit filed in federal court said.

  • March 17, 2025

    Translation Co. Wants Class Dissolved In Unpaid OT Suit

    A 108-member class should be disbanded in a lawsuit accusing a translation company of underpaying workers' overtime, the company told a New York federal court, saying discovery has shown that the employees held an array of positions that are too dissimilar to support class treatment.

  • March 17, 2025

    Anthem Nurses Say They Are Eligible To Earn Overtime

    Nurses who claimed that Anthem cheated them out of overtime said their main duties were to process health insurance authorizations, telling a New York federal court that they don't fall under the Fair Labor Standards Act's learned professional exemption.

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten

    Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called "premature" dismissal bids from the NCAA and Big Ten Network.

  • March 14, 2025

    Texas Restaurant Offered Worker $1K, Seeks To End Tip Suit

    A Houston-area restaurant told a Texas court Friday that it offered $1,000 to a former server who claimed it failed to inform her that she would have to pay for her uniforms, saying the worker's proposed collective action should be tossed.

  • March 14, 2025

    LA Lands Deal With Airline Caterer To End Wage Law Dispute

    An airline caterer accused of violating a Los Angeles city ordinance through its pay practices told a California federal court it resolved its dispute with the city, which had launched an investigation, after the caterer settled claims with a class of employees, according to City Council meeting records.

  • March 14, 2025

    Worker Sues NBA's Suns For Age Discrimination, Retaliation

    A 46-year-old video engineer filed an age discrimination lawsuit against the NBA's Phoenix Suns, alleging the organization coerced him into changing his employment status to contractor and forced him to work in a rodent-infested garage when he complained.

  • March 14, 2025

    Ohio Addiction Center OT Theft Suit Heads To Tenn. To Settle

    An Ohio addiction treatment center and the proposed class of its workers who alleged unpaid overtime and wrongfully deducted wages came together Friday and asked a Buckeye State federal judge to send their dispute to Tennessee so they can join a settlement with a parallel action there.

  • March 14, 2025

    NY Forecast: 2nd Circ. Weighs Scope Of Marital Bias Law

    This week, the Second Circuit will weigh whether New York City law prohibits discrimination on the basis of marriage to a specific person, as it considers a suit brought by Wendy Williams' ex-husband over claims he was fired as a producer on her talk show after she filed for divorce. Here, Law360 looks at this and other cases on the docket in New York.

Expert Analysis

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.