Wage & Hour

  • March 07, 2025

    Judge OKs Atlanta Strip Club's Wage Theft Settlement

    A Georgia federal judge signed off Thursday on a $119,000 deal to end a suit between an Atlanta strip club and a former server who said the club stole her wages through an allegedly unlawful tip pooling scheme.

  • March 07, 2025

    Trucker Overtime Carveout Is Focus Of Reintroduced Bill

    A bipartisan group of lawmakers introduced a bill that would nix a Fair Labor Standards Act carveout making certain truck drivers overtime-exempt.

  • March 07, 2025

    Morgan Lewis Scoops Up Reed Smith Employment Atty

    Morgan Lewis & Bockius has added a seasoned employment law attorney from Reed Smith to its Chicago office, bringing on a lawyer with more than two decades of experience litigating disputes ranging from benefits law to whistleblower complaints.

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Calif. Forecast: SF Transit Agency Seeks Vax Judgment Stay

    In the coming week, attorneys should keep an eye out for the potential stay of a judgment pending an appeal in a vaccine mandate case against San Francisco's rapid transit agency. Here's a look at that case and other labor and employment matters coming up in California.

  • March 07, 2025

    NY Forecast: 2nd Circ. Hears Girl Scouts Whistleblower Suit

    This week, the Second Circuit will consider whether to revive a lawsuit from former officers for a New York Girl Scouts chapter who claim they were retaliated and discriminated against after they complained that the group misused pandemic government loans. Here, Law360 looks at this and another notable case on the docket in New York courts.

  • March 07, 2025

    Warner Bros. Demands State Court Wage Claims Be Arbitrated

    Workers covered under a labor contract with a Service Employees International Union affiliate on the West Coast must arbitrate the wage and hour claims they filed in state court against Warner Bros. Discovery Inc. and a related operations entity, the entertainment company alleged in California federal court.

  • March 07, 2025

    Va. Court Says Amazon Drivers Can Get Unemployment Comp

    Virginia's top court refused to overturn the Virginia Employment Commission's finding that Amazon delivery drivers should be considered employees for unemployment benefits purposes, saying the e-commerce giant failed to properly back up its arguments in its briefs to the justices.

  • March 07, 2025

    Calif. Panels Pave Way For More 'Headless' PAGA Debate

    Two California appellate court rulings on the survival of what are known as headless claims under the state's Private Attorneys General Act — claims that bring allegations only on behalf of other workers — are fueling a debate on what attorneys say is an increasingly popular litigation strategy by workers facing arbitration threats. Here, Law360 explores the issue.

  • March 07, 2025

    Minn. Bill Seeks To Subtract OT, Tips, Bonuses From Income

    Minnesota would allow taxpayers to subtract the amount of overtime pay, tips and bonuses earned from their gross income under a bill introduced in the state Senate.

  • March 07, 2025

    Amazon Driver Can't Get Mass. Court's Ear In Wage Suit

    A Washington federal judge refused to grant an Amazon delivery driver's request to allow Massachusetts' top court to weigh in on his case, saying the worker's plea came only after the court nixed his bid for class certification and thus arrived too late.

  • March 06, 2025

    BofA Says COVID-Era Workers Too Dissimilar For Class Cert.

    Proposed classes of Bank of America loan officers include too many individualized claims for certification, the bank has argued in litigation alleging the loan officers were "short-changed" as they processed emergency small business loans during the pandemic.

  • March 06, 2025

    Federal Workers File Mass Challenges To Firings In Admin Court

    Federal workers who lost their jobs in the Trump administration's mid-February purge of the civil service have begun challenging their terminations through class action appeals to an administrative court, seeking the reinstatement of tens of thousands of probationary employees to about 20 federal agencies.

  • March 06, 2025

    Texas Panel Says Police Dept. Must Face Pregnancy Bias Suit

    A Texas appeals court on Thursday said a police department cannot escape a former employee's lawsuit accusing it of firing her after she asked to take unpaid leave to recover from a cesarean section, but ruled the city encompassing the police department was not involved in employment decisions.

  • March 06, 2025

    Construction Co. To Pay $495K In DOL Wage, Child Labor Suit

    A New York construction company will pay about $495,000 to settle a U.S. Department of Labor suit alleging it stiffed workers on their full wages and hired minors, according to a federal court filing.

  • March 06, 2025

    Vision Insurer Workers Get $3.5M Wage Deal Approved

    A California federal judge signed off on a nearly $3.5 million deal that resolves a former worker's Private Attorneys General Act lawsuit accusing a vision insurer of failing to pay employees for all their hours worked, but shaved the attorney fee award to better fit with Ninth Circuit precedent.

  • March 06, 2025

    Trump's Labor Secretary Pick Clears Senate Hurdle

    The U.S. Senate agreed Thursday to end debate and move to a vote on President Donald Trump's nominee for labor secretary.

  • March 06, 2025

    Ga. Chiropractic Co., Ex-Worker Settle OT Suit

    An Atlanta-area chiropractic chain and a former employee alleging it stiffed her on overtime and fired her when she complained, reached a settlement, according to court papers filed Thursday.

  • March 06, 2025

    Hospital Gets Nurse's Wage Suit Sent To Arbitration

    A nurse's suit accusing a hospital system of using faulty timekeeping rounding practices that caused her to lose pay was shipped to arbitration by a Nevada federal judge who said an arbitration pact is valid even if she doesn't remember signing it.

  • March 06, 2025

    Janitorial Worker's Nonindividual PAGA Claims Will Wait

    A worker's nonindividual California Private Attorneys General Act's claims against a janitorial franchiser will be on hold while his individual claims undergo arbitration, a California federal judge ruled, saying that whether he still has standing depends on the outcome of the arbitration.

  • March 06, 2025

    Senate Panel Advances Trump's Pick For DOL Deputy

    A U.S. Senate committee advanced President Donald Trump's nominee for deputy labor secretary Thursday despite concerns from Democrats about U.S. Department of Labor layoffs.

  • March 05, 2025

    Parameters Set For Final NIL Deal Approval Hearing

    The California federal judge overseeing the massive $2.78 billion name, image and likeness settlement between the National Collegiate Athletic Association and former and current student-athletes has released guidelines for the deal's final approval hearing in April.

  • March 05, 2025

    Trade Groups Can't Block Minn. Worker Classification Law

    A Minnesota federal judge refused Wednesday to grant trade groups' bid to temporarily block a state law from taking effect that slaps steep fines on companies that misclassify employees as independent contractors, saying the statute isn't so vague that it must be struck down.

  • March 05, 2025

    Class Status Granted In Amazon COVID Screening Suit

    A Pennsylvania federal judge approved a class of Amazon employees who were required to undergo unpaid COVID-19 screenings, saying that by modifying the class to include only those who used a physical time clock to clock in, the workers were all subject to the same underpayment policy.

Expert Analysis

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.