Wage & Hour

  • February 07, 2025

    Chili's Workers Can't Get Class Status In Meal Break Suit

    A California federal judge refused to sign off on a class of nearly 1,300 Chili's employees who accused the chain's parent company of failing to provide them with 30-minute meal breaks, saying the workers' experiences are too varied to satisfy class treatment.

  • February 06, 2025

    Fed. Worker Reps Slam 'Unfathomably Cruel' USAID Shutdown

    The Trump administration's illegal decision to dismantle the U.S. Agency for International Development has caused a global humanitarian crisis, cost thousands of Americans their jobs and threatens U.S. national security, groups representing federal employees and foreign service workers alleged in a federal lawsuit Thursday in Washington, D.C.

  • February 06, 2025

    ERISA Preempts Banker's $5.5M Deferred Comp, Judge Rules

    The Employee Retirement Income Security Act preempts a former Leerink Partners employee's claims that she was cheated out of about $5.5 million in deferred compensation after the bank hired her under allegedly false pretenses from Goldman Sachs, a Massachusetts federal judge ruled Thursday.

  • February 06, 2025

    Biden Wage Rule Challengers To Continue Fight In Trump Era

    Libertarian law firms that challenged U.S. Department of Labor wage and hour rules under former President Joe Biden expect to continue such fights while President Donald Trump is in office. Here, Law360 explores what to expect from such firms in wage litigation.

  • February 06, 2025

    UFC Fighters Get Final Approval For $375M Settlement

    A Nevada federal judge granted final approval Thursday to a $375 million settlement in a more than a decade-long class action in which fighters accused UFC of suppressing their wages, according to a lead attorney on the case.

  • February 06, 2025

    Papa John's Franchisee Fails To Pay All Wages, Worker Says

    A Papa John's franchise owner failed to properly pay workers minimum wage and overtime pay and did not provide workers with meal and rest periods, according to a lawsuit filed in California state court.

  • February 06, 2025

    Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit

    A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.

  • February 06, 2025

    Inspection Workers Get Collective Status In Wage Suit

    A Pennsylvania federal judge on Thursday signed off on a collective of inspectors accusing an inspection services firm of shorting them on wages, saying the employees showed in their suit that they were all subject to the same pay policy and thus sufficiently similar.

  • February 06, 2025

    Frontier Says Late-Pay, Per Diem Claims Don't Fall Under FLSA

    The Fair Labor Standards Act doesn't specify when employers need to pay workers and doesn't give a right to per diem payments, Frontier Communications and a staffing contractor said while urging a Florida federal court to trim a telecom technician's suit.

  • February 06, 2025

    Trump's Federal Worker Buyout Plan Put On Hold

    A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.

  • February 06, 2025

    Mortgage Co. Strikes Deal To End Loan Officers' OT Suit

    A mortgage company reached an agreement with a collective of loan officers to resolve their suit accusing the firm of unlawfully classifying them as exempt from earning overtime wages, a filing in California federal court said.

  • February 05, 2025

    DOL Scores Partial Win In Farmworker Union Wage Rate Fight

    A Washington federal judge has granted the U.S. Department of Labor a partial win in a farmworker union's challenge to federal policies that have allegedly depressed farmworker wages, concluding that some claims challenge DOL actions that aren't final agency actions.

  • February 05, 2025

    Musk Can't Access DOL Data, Labor Groups Say

    The AFL-CIO, the Economic Policy Institute and four unions sued the U.S. Department of Labor and Elon Musk's Department of Government Efficiency in D.C. federal court Wednesday, seeking a temporary restraining order to stop DOL leadership from complying with any attempt by DOGE to access DOL data.

  • February 05, 2025

    Worker, Nonprofit Mental Health Co. Agree To End Work Row

    A former case manager sanctioned for faking evidence and the nonprofit mental health and addiction treatment center she accused of not paying full wages told a North Carolina federal court they agreed to end the case a month before the trial was set to start.

  • February 05, 2025

    NJ Supreme Court Will Review Immigrant's Wage Case

    The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.

  • February 05, 2025

    Justices' Ruling Nixes Md. Court's FLSA Order, 4th Circ. Told

    A Maryland federal court's decision imposing a stricter standard for an employer to claim an overtime exemption is no longer valid after the U.S. Supreme Court said the heightened evidence standard isn't necessary, an international food distributor told the Fourth Circuit.

  • February 05, 2025

    Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid

    A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.

  • February 05, 2025

    Poultry Processor, DOL Strike Deal In Child Labor Suit

    A Mississippi poultry processor will pay $57,000 to end a U.S. Department of Labor suit alleging it violated child labor laws, according to a motion filed Wednesday.

  • February 05, 2025

    Ill. Restaurant To Pay $747K In DOL Wage Suit

    A restaurant in Illinois will pay nearly $747,000 in a U.S. Department of Labor suit alleging it stiffed workers on their full wages and fudged records, according to a federal court filing.

  • February 05, 2025

    Boeing Underpaid Data Analysts, Va. Suit Claims

    Boeing cheated system and data analysts out of overtime pay even though they performed overtime-eligible work, a former employee said in a proposed class and collective action in Virginia federal court.

  • February 05, 2025

    Loan Worker Wins Collective Status In Login Time Suit

    A former loan counselor for a collection agency can form a collective with other remote and hybrid workers to pursue her claims that the company failed to pay the workers for time spent logging on to their computers, a Pennsylvania federal judge said.

  • February 05, 2025

    Bartender Gets Collective Status In Unpaid Wages Suit

    A Maryland federal judge greenlighted a collective of servers and bartenders in their lawsuit accusing a Creole restaurant of unlawfully claiming a tip credit to pay workers lower wages but then withholding some of their tips, finding the workers to be sufficiently similar.

  • February 04, 2025

    Amazon Wants Drivers Locked Out Of Collective Wage Suit

    Amazon is asking a Washington federal judge to oust nearly a dozen plaintiffs from a collective action accusing the e-commerce giant of misclassifying Amazon Flex delivery drivers as independent contractors, claiming the individuals failed to comply with a court-ordered discovery deadline last month.  

  • February 04, 2025

    3 Tips On How To Navigate Travel Time Pay

    A recent Third Circuit opinion on the compensability of travel time between worksites serves as a good reminder for employers to review their workers’ travel practices. Here, Law360 offers three tips on how to determine whether travel time should be paid.

  • February 04, 2025

    1st Circ. Doubts Arbitration Bid 4 Years Into Au Pair Wage Row

    The First Circuit on Tuesday questioned an au pair placement agency's assertion that it is still entitled to force wage violation claims into arbitration in Switzerland despite more than four years of U.S. litigation and one prior trip to the appellate court.

Expert Analysis

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.