Wage & Hour

  • April 18, 2025

    Sunoco Accused Of Age Bias By Ex-Chief Counsel

    A former chief counsel for Sunoco LP sued her ex-employer in Texas state court Wednesday, alleging she was denied promotional opportunities and later terminated due to her age, while also accusing the company of replacing attorneys older than 50 with significantly younger attorneys with less experience.

  • April 18, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The Trump administration faced off with two BigLaw firms in lawsuits over executive orders, a group of law students sued the U.S. Equal Employment Opportunity Commission over its demand for law firm diversity information and the American Bar Association was sued for race discrimination. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • April 18, 2025

    Ohio Health System Says It Didn't Cheat Workers On Time

    Cleveland health system MetroHealth has asked a federal court in Ohio to toss a potential class action alleging a failure to properly pay workers overtime, telling the judge a nursing assistant had not proved the healthcare provider violated the Fair Labor Standards Act.

  • April 18, 2025

    Del. House Bill Would Exempt Overtime Pay From Income Tax

    Delaware would exempt eligible workers' overtime pay from state income tax under a bill introduced in the state House of Representatives.

  • April 18, 2025

    Philly Firm Leaders Form Employment, Civil Rights Boutique

    Attorneys out of Philadelphia and New Jersey have merged their practices to start a new law firm focused on employment, criminal, civil rights and survivor's rights law, the partners announced earlier this week.

  • April 18, 2025

    Calif. Forecast: Court Weighs $20M Raytheon Cos. Wage Deal

    In the coming week, attorneys should keep an eye out for potential initial approval of an almost $20 million class action settlement involving three Raytheon companies. Here's a look at that case and other labor and employment matters coming up in California.

  • April 18, 2025

    NY Forecast: Judge Hears Hospital's Bid To Nix Race Bias Suit

    In the coming week, a New York federal judge will consider a hospital's request to toss a suit brought by a doctor who claims she was discriminated against on the basis of her race and gender and retaliated against when she complained.

  • April 18, 2025

    CFPB Mass Layoffs Blocked Again In DC Court

    A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.

  • April 17, 2025

    9th Circ. Tosses Objections To $10.4M CVS Wage Settlement

    A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.

  • April 17, 2025

    Filipino Workers Say FEMA Contractor Cheated Them On Pay

    A construction company with $88 million worth of Federal Emergency Management Agency contracts recruited 17 Filipino workers, promising fair wages and free housing, but instead cheated them out of pay and housed them in unsanitary conditions, a suit filed Thursday in the Northern Mariana Islands federal court claims.

  • April 17, 2025

    5 Overtime Claims Employers Keep Facing

    As the federal rules shift around overtime exemptions, employers often get hit with claims that they misclassified workers as exempt, failed to include bonuses in overtime math and paid a flat rate even when work went beyond 40 hours a week. Here, Law360 explores common overtime claims and how to avoid them.

  • April 17, 2025

    Rental Car Cos. Misclassify Workers, Suit Says

    A staffing company and several rental car companies including Hertz incorrectly classify workers as independent contractors to save costs and avoid paying them overtime wages, according to a proposed class and collective action filed in Virginia federal court.

  • April 17, 2025

    AFL-CIO, Unions Can Pursue Some DOGE Access Claims

    The AFL-CIO, unions and advocacy groups may pursue allegations that Elon Musk's Department of Government Efficiency lacks the power to access data from the U.S. Department of Labor and other federal agencies, a D.C. federal judge ruled while tossing some claims under federal administrative and privacy law.

  • April 17, 2025

    'Latter-Day Machiavelli' Defamed Calif. Law Firm, Court Told

    California employment law firm Lawyers for Justice PC has filed a suit in state court accusing one of its former clients of defamation in what the firm calls "a scorched-earth crusade against her former attorneys."

  • April 17, 2025

    2nd Circ. Reverses Packaging Workers' Rejected Wage Deal

    The Second Circuit gave workers another chance to win approval of their $840,000 deal with a packaging supplies manufacturer over claims of unpaid wages, saying a lower court shouldn't have considered their attorney's alleged misconduct in another case as basis for deeming his counsel inadequate in this one.

  • April 17, 2025

    Travel Tech Co. Accused Of Misclassifying Sales Workers

    A travel technology company incorrectly classifies sales employees as exempt from earning overtime wages despite their job duties not falling under any overtime exemption, a proposed class action filed in Colorado state court said.

  • April 17, 2025

    Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit

    A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.

  • April 17, 2025

    NYC Strikes Deal To End Housing Workers' OT Suit

    New York City struck a deal to resolve a housing development worker's collective action accusing it of running afoul of the Fair Labor Standards Act by stiffing city employees on overtime wages, a federal court filing said.

  • April 16, 2025

    Southwest Moves Union's Sick Leave Fight To Federal Court

    Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.

  • April 16, 2025

    JetBlue Hit With Meal Break, Back Pay Class Suit In Wash.

    JetBlue Airways Corp. is the target of a proposed class action in Washington state court from workers who allege the airline owes them for sick leave and breaks, as well as back pay for new hires, who had to study for mandatory orientation and job assessments.

  • April 16, 2025

    3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact

    The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.

  • April 16, 2025

    Orgs. Sue DOL Over Termination Of Int'l Labor Rights Projects

    Three nonprofits have filed suit in D.C. federal court to have the U.S. Department of Labor reinstate cooperative agreements aimed at supporting workers' rights programs abroad, claiming that the department, at the direction of the Department of Government Efficiency, terminated the agreements based on "policy disagreement."

  • April 16, 2025

    Wash. AG Says Seattle Public Schools Shows Pregnancy Bias

    Seattle Public Schools fails to provide pregnant and nursing employees with accommodations such as flexible bathroom breaks and retaliates against workers who request pregnancy-related accommodations, the Washington state attorney general said in a new lawsuit.

  • April 16, 2025

    UnitedHealth Sanctioned For Excluding Wage Class Members

    A New Mexico federal judge slapped sanctions on UnitedHealthcare for its "dilatory and dismissive tactics" in evading care coordinators' request for a complete dossier of class members in their wage and hour settlement, saying the company should foot the bill for several months of litigation.

  • April 16, 2025

    Novel Equal Pay Laws Double-Edged Sword, Advocate Says

    Worker-side attorney Schwanda Rountree said she is optimistic about pay transparency empowering employees but wary of how other developments in equal pay-adjacent areas and return-to-work policies may inadvertently hurt workers. Here, Law360 speaks with Rountree about how pay-gap issues will evolve.

Expert Analysis

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.