Wage & Hour

  • March 11, 2025

    Insurer Says It's Off The Hook For Pay Transparency Suit

    Houston Casualty Co. said Tuesday that its liability insurance policy does not cover an underlying lawsuit accusing a Washington company that owns McDonald's franchises of violating the state's pay transparency law for job postings.

  • March 11, 2025

    Incoming Labor Sec. Must Walk 'Fine Line' On Wage Policies

    President Donald Trump’s soon-to-be labor secretary will likely need to balance her extensive labor record, which earned her support from some Democrats and unions, with a more traditional Republican approach toward wage and hour issues, employment law observers say. Here, Law360 explores Lori Chavez-DeRemer’s record.

  • March 11, 2025

    DOJ, Wayne-Sanderson Spar Over Data Sharing Deal

    The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.

  • March 11, 2025

    Auto Parts Co. Says EEOC Failed To Discuss Sex Bias Claims

    An auto parts manufacturer urged a Tennessee federal court Tuesday to toss the U.S. Equal Employment Opportunity Commission's suit alleging the company favored men in hiring decisions and failed to promote qualified women, saying the agency didn't first try to discuss the allegations with the company before suing it.

  • March 11, 2025

    5th Circ. Upholds Exxon's Win In Pension Payout Dispute

    A former Exxon employee's claim that the company failed to pay his entire pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.

  • March 11, 2025

    Seyfarth Employment Litigator Joins McGuireWoods In LA

    McGuireWoods LLP is strengthening its California labor and employment team, announcing Tuesday it is bringing in a Seyfarth Shaw LLP employment litigator as partner in its downtown Los Angeles office.

  • March 11, 2025

    California Entities Escape State Judge's Underpayment Suit

    A California state judge threw out some claims in a proposed class action from a judge who alleges she was underpaid the last several years, saying the state's retirement agency and its controller showed they didn't have much authority over judges' pay.

  • March 11, 2025

    Bipartisan Bill Penalizing Child Labor Violations Reintroduced

    A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.

  • March 11, 2025

    Staffing Co. Recruiters Certified As Class, Collective In OT Suit

    A group of recruiters showed that the staffing agency they accused of misclassifying them as overtime-exempt under federal law applied the same policies to its workforce, a Pennsylvania federal judge ruled, greenlighting a collective and several classes.

  • March 10, 2025

    Whole Foods Workers Can't Have Class Cert. In Bonus Suit

    A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    Recycling Firm, Executive Must Face Sex, Pay Bias Suit

    A Chicago-area recycling company can't dodge a former acting executive's claims that she was fired after repeatedly complaining that she wasn't being properly compensated and enduring consistent sexual harassment, with a Michigan federal judge ruling Monday her lawsuit was detailed enough to proceed to discovery.

  • March 10, 2025

    Senate Confirms Trump's Labor Secretary Pick

    The U.S. Senate confirmed President Donald Trump's nominee for labor secretary Monday evening, with support from more than a dozen Democrats and opposition from some members of the nominee's own party.

  • March 10, 2025

    Hearthside Can Keep 3rd-Party Releases In Ch. 11 Plan

    A Texas bankruptcy judge Monday agreed to confirm a Chapter 11 plan for the bankrupt parent of snack maker Hearthside Food Solutions, overruling an objection from the U.S. Trustee's Office alleging the plan would summarily do away with wage and labor claims against the debtor through nonconsensual releases.

  • March 10, 2025

    AFL-CIO, Unions Defend Fight Against DOGE Access

    The AFL-CIO and a group of unions sought to keep alive their claims that Elon Musk's Department of Government Efficiency can't legally access data from the U.S. Department of Labor and other federal agencies, telling a D.C. federal judge they have standing to file their suit.

  • March 10, 2025

    Trade Groups Take Minn. Classification Law To 8th Circ.

    A coalition of trade groups will take to the Eighth Circuit a Minnesota federal judge's decision denying their bid to halt a state law imposing hefty fines on companies that misclassify workers as independent contractors.

  • March 10, 2025

    Truckers Win Conditional Class Treatment For Wage Dispute

    An Illinois federal judge said he would give conditional class treatment to truck drivers who say Forsage Logistics Inc. and its owner illegally misclassified them as independent drivers and failed to pay them all wages they're owed.  

  • March 10, 2025

    Ex-Worker Says Kroger Fails To Pay For Off-Shift Tasks

    Kroger requires employees to put on and take off sanitary clothing before and after their shifts but fails to compensate them for this time and causes them to lose out on overtime wages, a proposed collective action filed Monday in Ohio federal court said.

  • March 10, 2025

    EEOC Strikes $26K Deal In Gender Pay Gap Case

    A healthcare provider will shell out $26,000 in a U.S. Equal Employment Opportunity Commission suit accusing it of wage discrimination, after a Pennsylvania federal judge signed off on the deal Monday.

  • March 10, 2025

    Amazon Worker Can't Seal Military Leave Settlement

    A worker who settled his suit accusing Amazon of not promoting him because of his military service can't file the deal under seal, according to a Washington federal judge's Monday ruling — which also said the agreement doesn't need to hit the docket.

  • March 10, 2025

    Amazon Workers Want Partial Win In COVID Screenings Suit

    A class of Amazon employees urged a Pennsylvania federal court to partially grant them a win in their suit accusing the e-commerce giant of forcing workers to undergo unpaid COVID-19 screenings, saying the state's high court has already ruled that this time is compensable.

  • March 10, 2025

    Denver Strip Clubs Challenge $14M Wage Theft Fines

    The city of Denver engaged in "shocking and unconstitutional government overreach" by conducting unlawful probes into a group of strip clubs' pay practices and ordering them to pay almost $14 million in fines, the entities told a Colorado federal court.

  • March 10, 2025

    Trucking Co. Taking Independent Contractor Rule To 10th Circ.

    A trucking company told a New Mexico federal court that it will appeal to the Tenth Circuit a ruling rejecting its bid to block the U.S. Department of Labor's new rule for classifying independent contractors.

  • March 10, 2025

    Caddies Say Country Club Willfully Misclassified Them

    Golf caddies urged a New York federal judge to keep in play their proposed class action accusing a country club of misclassifying them as independent contractors to avoid paying them wages, saying their new complaint sufficiently shows that their former employer's actions were willful.

  • March 10, 2025

    Supreme Court Won't Review FLSA Overtime Exemption

    The U.S. Supreme Court declined on Monday to consider whether an employer's line of business, rather than a worker's job duties, determines if an employee is exempt from overtime under the Fair Labor Standards Act.

Expert Analysis

  • 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.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.