Wage & Hour

  • March 05, 2025

    How Jarkesy May Reshape DOL Civil Penalty Enforcement

    A U.S. Supreme Court decision on agency enforcement and the right to a jury trial may alter the U.S. Department of Labor's approach to imposing civil money penalties against employers, particularly under President Donald Trump's administration, attorneys say.

  • March 05, 2025

    Workers, Raytheon Cos. Ink $19.9M In Meal Break Suit

    A group of workers urged a California federal judge to approve their $19.9 million deal to end a class action alleging companies affiliated with Raytheon failed to pay workers for their meal and rest breaks, according to a court filing. 

  • March 05, 2025

    Fed. Circ. Says Late EEOC Worker's 1st Wife Gets Back Pay

    The Federal Circuit said the U.S. Equal Employment Opportunity Commission did not err in providing a deceased employee's back pay to his first wife because she was listed as his beneficiary, rejecting his second wife's assertion that federal law required that the money go to her.

  • March 05, 2025

    Fighters' Attys Get $115M In Fees For UFC Settlement Work

    A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.

  • March 05, 2025

    Southwest Seeks Exit From Flight Attendant's Wage Suit

    The wages of a Southwest flight attendant who alleges that the airline disregarded work performed off the plane were determined by a collective bargaining agreement, and thus his claims are preempted by federal labor law, the company argued as it urged a Colorado federal court to throw out a proposed class action.

  • March 04, 2025

    Mariano's Managers Fight Bid To Decertify Class In OT Row

    Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.

  • March 04, 2025

    Target Can't Pause Warehouse Workers' Wage Suit

    Target warehouse workers' class action claiming they performed unpaid work-related duties before and after their shifts will not wait for the outcome of a U.S. Supreme Court case dealing with standing for certified classes, a New Jersey federal judge ruled.

  • March 04, 2025

    NYC Medical College, Entities Must Face Overtime Suit

    A former research coordinator showed that he was jointly employed by a Bronx medical college and related entities, a New York federal judge ruled, allowing the worker to proceed with a suit alleging that he is owed overtime pay.

  • March 04, 2025

    Athletes 'Overwhelmingly' Support NCAA NIL Deal, Attys Say

    The response by the class of college athletes to the NCAA's settlement providing name, image and likeness compensation and revenue sharing has been "overwhelmingly positive,'' the attorneys for the athletes told a California federal judge as part of their bid for final approval of the $2.78 billion settlement next month.

  • March 04, 2025

    Littler Expands In Philly With Ex-Greenberg Traurig Atty

    Employment and labor-focused firm Littler Mendelson PC has expanded its Philadelphia office with the recent addition of an attorney who moved his practice after four years with Greenberg Traurig LLP.

  • March 04, 2025

    Calif. Contractor Barred From Withholding Wages In DOL Suit

    A California-based general contractor is prohibited from withholding workers' past due wages and must offer to rehire an employee it fired for making a report alleging pay infractions to the U.S. Department of Labor, a federal judge ruled Tuesday.

  • March 04, 2025

    How Child Labor Enforcement Will Change Under Trump

    President Donald Trump's administration, driven by a desire to give certain employers the benefit of the doubt and a general aversion to government overreach, will change tack on child labor enforcement, attorneys say.

  • March 04, 2025

    Nurse's Meal Breaks Claim Under Ill. Law Can Stay Put

    A nurse accusing a healthcare system of not paying for the work she performed during lunch breaks can keep her claim under Illinois state law alive, an Indiana federal judge ruled, saying that she supported her claim.

  • March 03, 2025

    Curaleaf Says Ex-VP Can't Be Kicked From C-Suite She Wasn't In

    Curaleaf Holdings Inc. has pushed back on a discrimination lawsuit filed by a former executive who claims she was forced out of the company, arguing not only did it not retaliate against her by ejecting her from the C-Suite but that she was never actually a part of it.

  • March 03, 2025

    Prisoners Tell High Court Not To Disturb 4th Circ. Wage Ruling

    A group of incarcerated individuals on Monday urged the U.S. Supreme Court to let stand a ruling allowing its lawsuit accusing Baltimore County of unlawfully failing to classify them as employees to proceed, saying there's no circuit split over whether incarcerated people are categorically exempted from federal labor law.

  • March 03, 2025

    Trump Admin Defends Right To Send DOGE Into Agencies

    A group of unions is trying to limit the president's right to oversee the executive branch by claiming that Elon Musk's Department of Government Efficiency can't access agencies' computer systems, the Trump administration told a D.C. federal judge, asking him to nix the unions' injunction bid.

  • March 03, 2025

    Ex-Adecco Worker Can't Protest PAGA Deal, Calif. Panel Rules

    A worker suing a staffing agency under California's Private Attorneys General Act cannot intervene in a settled case lodging similar claims because the challenge is based purely on her private interests, a California panel ruled.

  • March 03, 2025

    Former X Exec Says Sanctions Not Warranted In Bonus Fight

    A former X Corp. executive urged a California federal court to reject his former employer's bid to sanction him for filing a "frivolous" class certification motion in his unpaid bonuses lawsuit, saying the company refused to let him modify his filing or dismiss his claims.

  • March 03, 2025

    Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit

    Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."

  • March 03, 2025

    Fed. Circ. Says OPM Reg On Entry-Level Workers' OT Is Valid

    The Office of Personnel Management's regulation denying overtime pay for federal employees undergoing training is valid, the U.S. Court of Appeals for the Federal Circuit ruled Monday, sending an FBI analyst's overtime suit back to the Court of Federal Claims.

  • March 03, 2025

    Real Estate Cos. Strike $75K Deal In Time Shaving Suit

    A real estate investment company and its subsidiary will pay $75,000 to end a lawsuit alleging it underpaid cleaners by requiring them to clock out before they finished their work, according to a filing in New York federal court.

  • March 03, 2025

    NYC School To Pay Ex-Recruiter $21K In Unpaid OT Suit

    A federal judge ordered a New York City private school and its director to pay a former recruiter nearly $21,000 in back wages and damages after a bench trial in her lawsuit alleging she was unlawfully denied overtime wages.

  • March 03, 2025

    Anthem Claims Nurses Aren't Eligible To Earn Overtime

    Nurses who claimed they were incorrectly denied overtime pay fit the bill of learned professionals and thus are exempt from the Fair Labor Standards Act's overtime provisions, Anthem argued in urging a New York federal court to throw out the nurses' proposed collective action.

  • March 03, 2025

    Fla. Goodwill Faces OT Lawsuit Alleging Unpaid Lunch Breaks

    A Florida Goodwill network automatically deducted time for unpaid launch breaks that employees did not take, leading to unpaid overtime, a former store employee said in a proposed collective lawsuit filed in federal court.

  • February 28, 2025

    8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

    The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

Expert Analysis

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • Water Cooler Talk: Insights On Noncompetes From 'The Office'

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    Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.