Wage & Hour

  • April 04, 2025

    Crypto Firm Shorted Exec On Wages And Commissions, Suit Says

    The former chief commercial officer of a cryptocurrency startup accused the company of reneging on its promise to pay him wages and coin commissions for his work facilitating the firm's registration and legal trading in Canada, in a new lawsuit filed in New York federal court.

  • April 04, 2025

    Seattle Children's Faces Class Action Over Nurse Meal Breaks

    A Washington nurse has filed a proposed class action alleging Seattle Children's Hospital broke state law by failing to schedule or provide mandatory rest and meal breaks, in a state court complaint that said the problem was made worse by understaffing during the COVID-19 pandemic.

  • April 04, 2025

    Calif. Forecast: AB 5 Trucking Challenge Back At 9th Circ.

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a challenge to California's independent contractor classification law by trucking industry groups and two drivers, a case that previously went before the appeals court. Here's a look at that case and other labor and employment matters coming up in California.

  • April 04, 2025

    Fox Rothschild Employment Atty Joins Pierson Ferdinand

    Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.

  • April 04, 2025

    Drexel Can't Get New Trial In Prof's Equal Pay Suit

    Drexel University cannot unravel a $355,000 award for a philosophy professor after a jury found she was willfully paid less than her male colleagues out of bias, a Pennsylvania federal judge ruled Friday, saying the court wouldn't rethink disciplining the university for failing to provide pertinent pay data.

  • April 04, 2025

    Child Therapists Reach $127K Deal To End Wage Suit

    A Georgia children's therapy provider agreed Friday to pay about $127,000 to resolve a collective action accusing it of failing to pay registered behavior technicians for time they spent working before appointments, performing administrative work and doing other off-the-clock work.

  • April 03, 2025

    Swedish Health Services Found Liable For Wage Violations

    A Washington state judge has put Seattle-area hospital system Swedish Health Services on the hook for state wage law violations in an employee class action, finding workers were shortchanged by its timekeeping practices and failure to provide a second meal break on longer shifts.

  • April 03, 2025

    Colo. Orthodontist Says Dentist Group Owes $400K In Wages

    A dentist group owes a Colorado orthodontist more than $400,000 in wages and fired him for participating in a Texas arbitration involving the company, according to a lawsuit filed in Colorado state court.

  • April 03, 2025

    UFC Asks Court To Deny Class Cert. In Fighters' Antitrust Suit

    UFC has urged a Nevada federal court not to certify a class of fighters in the second antitrust lawsuit it is facing over allegedly suppressed wages, saying the class is legally defective because the plaintiffs who filed the lawsuit cannot represent the group of fighters.

  • April 03, 2025

    Anheuser-Busch Gets Manager's Unpaid OT Suit Arbitrated

    A former shift manager at Anheuser-Busch must arbitrate his claims that the company misclassified him as a manager to avoid paying him overtime, a Delaware federal judge ruled Thursday, saying his claims fall squarely within a dispute resolution agreement he signed.

  • April 03, 2025

    Rent-A-Center Faces PAGA Suit Over Unpaid OT Claims

    A rent-to-own company and several alter-ego companies pressured employees to meet productivity quotas despite being understaffed and discouraged them from recording off-the-clock work, a worker alleged in a suit brought under California's Private Attorneys General Act in state court.

  • April 03, 2025

    Law Firm Fights Ex-Paralegal's Anonymity Bid In Bias Suit

    A former paralegal at a Pennsylvania law firm made speculative and illogical arguments to take her identity away from her overtime and retaliation suit, the firm said Thursday, urging a federal court to keep her name known.

  • April 03, 2025

    Ga. Chiropractic Co.'s $3K Wage Deal Approved

    An Atlanta-area chiropractic chain will pay nearly $3,000 to settle a former employee's lawsuit alleging it stiffed her on overtime and fired her when she complained, according to a Georgia federal judge's order filed Thursday.

  • April 03, 2025

    Security Workers Say Firm Edits Their Overtime Hours

    A security firm manipulates the hours employees record in a timekeeping app in order to short them on overtime pay and cuts workers' hours if they complain about the practice, two security guards alleged in a proposed class and collective action filed in Colorado federal court.

  • April 03, 2025

    Jackson Walker Adds Chamberlain Hrdlicka Labor Duo In Texas

    Jackson Walker LLP has strengthened the firm's labor and employment offerings with a pair of lawyers in Houston who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.

  • April 03, 2025

    Harvard Says Judge Ignored Time Limits In Coach's Bias Suit

    A Massachusetts federal judge got it wrong when she recommended keeping in play a former ice hockey coach's sex bias lawsuit, Harvard University said, arguing that the judge's findings that the statute of limitations could be extended essentially allow limitless Equal Pay Act claims.

  • April 03, 2025

    Loan Fraud Plea Adds 6 Mos. To Pizzeria Owner's Prison Term

    The owner of a Boston-area pizzeria chain who was sentenced to 8½ years in prison in October for an alleged forced-labor scheme will spend an additional six months behind bars after pleading guilty to submitting false information to the U.S. Small Business Administration to obtain a loan.

  • April 03, 2025

    Worker Advocate Sounds Alarm On Employment Arb. Rules

    Hugh Baran is one of the attorneys leading the charge against the American Arbitration Association’s proposed changes to employment arbitration rules, which he says will curtail workers’ ability to vindicate their rights. Here, Law360 speaks with Baran about why he says these proposals could hurt workers.

  • April 02, 2025

    6th Circ. Says Jury Form Issues Don't Merit New Pay Bias Trial

    A lower court didn't err by accepting a jury's finding that a Tennessee school board gave a legitimate reason for offering a female school psychologist lower pay than a previous male candidate, the Sixth Circuit ruled Wednesday, saying inconsistencies on the verdict form didn't warrant a new trial.

  • April 02, 2025

    Labor Solicitor Pick Wrote Conservative Wage Policy Blueprint

    President Donald Trump's choice to be the U.S. Department of Labor's top lawyer helped write Project 2025's book outlining policy suggestions for a future conservative administration, and that document provides a glimpse into how the nominee might approach wage and hour issues if confirmed.

  • April 02, 2025

    Potbelly Says Insurer Must Cover Wage Transparency Suit

    Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.

  • April 02, 2025

    Amazon Worker Can't File Amended Military Leave Suit

    It's too late for a former Amazon employee to add a claim that the company put up barriers for workers requesting active duty leave in her suit accusing the commerce giant of failing to fully provide the paid leave for service member employees, a New York federal judge ruled.

  • April 02, 2025

    Amazon Delivery Partner Faces Wage, Breaks Suit In Calif.

    An Amazon delivery service partner offering delivery and assembly of large items didn't pay employees for all hours worked, violated rest breaks law and paid just $5 per pay period to cover their cellphone expenses, according to a proposed class action in California state court.

  • April 02, 2025

    Cal State Again Escapes Professor's Reimbursement Suit

    California State University does not have to foot the bill for the computer a biology professor purchased at the onset of the COVID-19 pandemic, a state panel said, finding the state's Legislature intended for public entity employers to be exempt from laws mandating workers be reimbursed for business expenses.

  • April 02, 2025

    Beet Workers Can't Form Class In OT Suit, Judge Rules

    A machine operator for a beet sugar processing company didn't show enough evidence to assemble a class in his overtime suit, failing to prove other workers spent time waiting in line before clocking in, a California federal judge ruled.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.