Wage & Hour

  • October 01, 2025

    DOL Opinion Letters Address Joint Employment, Tip Pools

    A restaurant and members-only club are associated enough to be jointly liable for overtime requirements, and front-of-house oyster shuckers at a seafood restaurant can be included in a tip pool, the U.S. Department of Labor's Wage and Hour Division said among other guidance in a batch of opinion letters.

  • October 01, 2025

    Wis. Assembly Bill Seeks Tax Subtraction For OT Pay

    Wisconsin would create an income tax subtraction for qualified overtime compensation under a bill introduced in the state Assembly.

  • October 01, 2025

    Duane Morris Adds O'Hagan Meyer Employment Atty In LA

    Duane Morris LLP is growing its West Coast team, bringing in an O'Hagan Meyer employment litigator as a partner in its Los Angeles office.

  • September 30, 2025

    Feds Finalize Rules To Speed H-2A Filing, Limit Some Wages

    The Trump administration finalized two separate rules on Tuesday aimed at streamlining the H-2A temporary visa process for seasonal farmworkers, one allowing employers to file petitions earlier and another revising annual wage hikes for certain agricultural jobs.

  • September 30, 2025

    Pot Broker Sues Over Misclassification, Seeks Lost Wages

    A Florida-based company that sells cannabis franchises is accused of illegally classifying an employee as an independent contractor in order to avoid paying him "hundreds of hours" in wages and benefits he earned as a salesman, according to a lawsuit filed Tuesday in Massachusetts federal court.

  • September 30, 2025

    9th Circ. Unwinds $312K Fees In Labor Suit Against Walmart

    While a former Sam's Club worker is entitled to fees for the $22,000 settlement of her individual labor claims against the chain and its parent Walmart, the Ninth Circuit on Tuesday vacated the $312,429 in fees and costs she was awarded by the lower court because it simply granted the fee award without sufficiently explaining why.

  • September 30, 2025

    Wash. Panel Keeps Wage Suit Against Logistics Co. In Court

    The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.

  • September 30, 2025

    Health Aide's Overtime Case Ends After Settlement Rewrite

    A Connecticut federal judge has approved a home healthcare aide's $60,000 settlement in an overtime wage lawsuit after the parties removed a contentious clause that would have barred the worker from seeking future employment with the same company, court records show.

  • September 30, 2025

    Workers Can't Get $1M Attorney Fees In $30K Wage Case

    Two workers who agreed to settle their wage-and-hour claims against an automotive technology manufacturer for $30,000 didn't show why their attorneys should snag $1 million in fees, a North Carolina federal judge ruled Tuesday.

  • September 30, 2025

    Paymentus Pins Fintech Atty's Firing On Behavior, Not Bias

    Billing company Paymentus Corp. told a North Carolina federal judge on Tuesday that it fired a former in-house attorney due to her alleged lack of workplace professionalism, rebutting her claims of age and gender bias.

  • September 30, 2025

    Han-Dee Hugo's Managers Win Collective Cert. In Wage Suit

    A North Carolina federal judge has conditionally certified a collective action from Han-Dee Hugo's gas and convenience store managers who accused the employer of misclassifying them and denying overtime pay, finding the managers to be similarly situated.

  • September 30, 2025

    Musk Escapes X Corp. Workers' Severance Suit In Del.

    A federal judge in Delaware has tossed 14 counts naming billionaire Elon Musk in a suit filed by six former X Corp. employees seeking severance benefits, with all but two dismissed with prejudice.

  • September 30, 2025

    FedEx Drivers' Overtime Claims Shipped To Home Courts

    Two delivery drivers who alleged that FedEx misclassified them as independent contractors will have to pursue their claims in their home states, a Pennsylvania federal judge ruled, saying that the two don't share enough commonalities.

  • September 30, 2025

    Biden's Acting DOL Head Julie Su Joins UC Berkeley Law

    Former acting Labor Secretary Julie Su will be a visiting professor at the University of California, Berkeley School of Law, where she will focus her work at the university's Center for Law and Work, the school announced.

  • September 30, 2025

    Wage & Hour Features Revisited: Disney Deal, Pay Ruling

    From a major pay transparency ruling in Washington to a $233 million Disney settlement over a local minimum wage ordinance, catch up on Law360 Employment Authority's wage and hour features from September that you might have missed.

  • September 29, 2025

    DLA Piper Must Face Trial In Pregnancy-Firing Suit

    A New York federal judge on Monday said DLA Piper must face trial in a discrimination case by a former lawyer who was fired two months after disclosing her pregnancy, saying the former seventh-year IP associate has made out a case around the circumstances of her 2022 departure.

  • September 29, 2025

    Firefighter Fired After Race Bias, Wage Complaints, Suit Says

    A Black former New York City firefighter told a Manhattan federal court he was fired weeks after filing grievances about racial discrimination and wage theft, saying he was routinely required to work off the clock and worked hundreds of hours without compensation.

  • September 29, 2025

    3rd Circ. Denies Pilots' Bid To Revive Military Leave Class

    The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.

  • September 29, 2025

    Ga. HVAC Co. Hit With Wage Theft Collective Action

    A west Georgia heating and air company was hit with a proposed collective action Friday from a former worker who said the company violated federal labor laws by docking the pay of its service and installation technicians and refusing to compensate them for their travel time between jobsites.

  • September 29, 2025

    Seyfarth Beats DQ Bid In Amazon COVID Screening Case

    A Colorado federal judge Monday denied Amazon warehouse workers' bid to disqualify Seyfarth Shaw LLP from representing the e-commerce giant in a proposed wage class action, rejecting arguments that Amazon wrongly represented former managers who may be class members since the firm immediately withdrew from that representation once informed of the possible conflict.

  • September 29, 2025

    Posner Says 'Abusive' Pro Se Filings Warrant Harsh Sanctions

    Retired U.S. Circuit Judge Richard A. Posner has asked the Seventh Circuit to end a pro se plaintiff's attempt to revive a $170,000 wage suit, while also seeking stiff sanctions for what he called decades of "abusive litigation."

  • September 29, 2025

    NC Judge Tosses Challenge To Biden-Era H-2A Wage Rule

    A North Carolina federal judge on Monday threw out a two-year-old lawsuit challenging the U.S. Department of Labor's wage rule for certain temporary farmworkers after a judge in Louisiana permanently blocked the new wage calculations from taking effect.

  • September 26, 2025

    Construction Co. Urges Court To Ax Labor Deal Requirements

    A construction company called on the U.S. Court of Federal Claims to order the Army Corps of Engineers to eliminate requirements that companies negotiate labor prices and work terms with a labor union to be eligible for a construction contract.

  • September 26, 2025

    KinderCare Workers Seek Final Sign-Off On Pay-Card Fee Deal

    Former KinderCare Education LLC workers asked a California federal court to grant final approval of a deal to resolve a class action alleging the child day care center and early education program operator paid final wages via pay cards and charged workers fees for using the cards.

  • September 26, 2025

    Philly PD Fights Cops' OT Class Certification Bid

    The city of Philadelphia and several officials said that they followed the collective bargaining agreement to compensate ranking officers, telling a federal court that a proposed class in an overtime suit would require individualized inquiries that clash with certification.

Expert Analysis

  • Maximizing Employer Defenses After Calif. Meal Waiver Ruling

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    A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • What The Minimum Wage Shift Means For Gov't Contractors

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    While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.