Wage & Hour

  • January 01, 2025

    Key W&H Legislative Trends For 2025

    In 2025, states and cities will intensify their efforts to experiment with employment law in the shadow of a Republican-controlled federal government, be it by expanding overtime protections for workers or refining pay transparency obligations, attorneys say. Here, Law360 explores the legislative trends employment law practitioners should look out for in the new year.

  • January 01, 2025

    5 W&H Cases To Watch In 2025

    In 2025, courts will evaluate foundational wage and hour issues, such as opt-in principles for Fair Labor Standards Act collective actions and whether amateur college athletes should be employees. Here, Law360 explores five cases to watch in 2025.

  • January 01, 2025

    California Legislation And Regulations To Watch In 2025

    California legal experts anticipate a busy 2025 in regulatory and legislative affairs, particularly as lawmakers and regulators ready the Golden State for potential attacks from the incoming Trump administration on a number of issues including reproductive care, LGBTQ rights and environmental protections.

  • January 01, 2025

    Connecticut Cases To Watch In 2025: Ethics, Mergers & Actors

    A suit over McCarter & English LLP's municipal loan advice and a Yale-owned heath network's legal battle over a beleaguered acquisition deal are just two multimillion-dollar cases that will keep Connecticut courts busy next year. 

  • December 23, 2024

    DOL Wants Full 9th Circ. Review Of Contractor Wage Ruling

    A split Ninth Circuit panel decision that blocked President Joe Biden from raising federal contractors' minimum wage to $15 an hour shrinks the president's power, the U.S. Department of Labor said, urging the full appellate court to step in.

  • December 23, 2024

    6th Circ. Says Trial Needed To Decide If FLSA Violations Willful

    The Sixth Circuit has upended an order finding a horse training company willfully violated the Fair Labor Standards Act when it failed to pay workers overtime wages, saying the question of whether it knowingly ran afoul of the law is best left to a jury.

  • December 23, 2024

    Suit Dropped Against Home Depot Co-Founder's Family Office

    Two former employees have agreed to dismiss their lawsuit against the family office of Home Depot co-founder and Atlanta Falcons owner Arthur Blank, in which they had alleged they were forced to work long hours without overtime pay due to "incompetent" employees who had sexual relationships with Blank and others.

  • December 20, 2024

    Bally's Hit With Suit Over Casino Dealer Tip Withholding

    Gaming table operators at Bally's Corp. and its Dover Casino have accused the businesses of violating Delaware's wage and hour law, alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay.

  • December 20, 2024

    Biggest Washington Decisions Of 2024

    Washington courts in 2024 saw a state judge permanently block Kroger's planned $24.6 billion purchase of Albertsons, just about an hour after an Oregon federal judge reached a similar decision, leading the deal to collapse.

  • December 20, 2024

    Veteran Littler Mendelson Policy Expert Dies At 76

    Michael Lotito, a veteran management-side labor and employment attorney who most recently practiced at Littler Mendelson PC, died Thursday, the firm confirmed.

  • December 20, 2024

    4th Circ. Turns Away Wage Suit Sanctions Fight

    The Fourth Circuit ruled Friday that a worker cannot undo sanctions imposed against him over allegations about a co-worker's death that he included in his overtime suit, saying a North Carolina district court's sanction order wasn't a final one.

  • December 20, 2024

    Acidizing Co. Reaches Deal To Resolve Unpaid OT Suit

    An acidizing services company reached a deal with workers who accused the company of unlawfully failing to pay them overtime wages and dropped an appeal to the Tenth Circuit over a collective certification order, a filing in New Mexico federal court said.

  • December 20, 2024

    Biggest Colorado Decisions Of 2024

    The Colorado Supreme Court shocked legal experts in 2024 when it walked back a landmark tenants rights ruling based on a technicality. In another case, three justices called for the elimination of peremptory challenges in order to address racial bias in jury selection. Here's a look at some of the biggest Colorado decisions of the year.

  • December 20, 2024

    TikTok Sales Reps Say OT Suit Deserves Collective Cert.

    Several TikTok sales representatives said they shared the same job duties and that the social media company applied the same unlawful policy of misclassifying them as overtime-exempt, urging a California federal court to grant them collective certification.

  • December 20, 2024

    Calif. Appeals Court Upends Arbitration Denial In OT Suit

    A California appeals court partially reversed a ruling that real estate company CoStar cannot arbitrate a proposed class action accusing it of failing to pay workers overtime, finding the arbitration agreement is only unenforceable as to claims brought under the state's Private Attorneys General Act.

  • December 20, 2024

    The 4 Biggest W&H Rulings Of 2024

    In 2024, key U.S. Department of Labor rules came under fire with mixed results and the transportation worker exemption to federal arbitration law was refined even more. Here, Law360 explores four of the most significant decisions of 2024.

  • December 20, 2024

    Top Pa. Cases Of 2024: Elon Musk, Johnny Doc, Uber Drivers

    This year was a standout for high-profile legal battles in Pennsylvania, from a blockbuster verdict against Monsanto over its Roundup weedkiller to the Philadelphia district attorney's fight with Elon Musk over allegations that he tried to influence the 2024 presidential election with his million-dollar giveaway.

  • December 19, 2024

    Top Gov't Contracts Cases Of 2024

    Courts and the U.S. Government Accountability Office have made several high-profile, consequential decisions for government contractors this year, addressing the constitutionality of the False Claims Act's whistleblower provisions and the limits of the president's authority over federal procurement.

  • December 19, 2024

    Ex-Walmart Manager's Pregnancy Bias Suit Can Continue

    A jury could be better suited to tackle whether Walmart discriminated and retaliated against a woman who claimed she was mistreated and fired after announcing she was pregnant and taking maternity leave, a Pennsylvania federal judge ruled.

  • December 19, 2024

    Amazon Gets 'Wide Berth' Of Discovery In Drivers' Wage Suit

    A Washington federal judge largely granted Amazon's discovery request in an 8-year-old lawsuit brought by delivery drivers accusing the company of misclassifying them as independent contractors, saying the data it seeks is reasonable for its forthcoming challenge to the workers' class certification bid.

  • December 19, 2024

    3rd Circ. Backs $22M Win For Battery Co. Workers In Pay Suit

    The Third Circuit held Thursday that a Pennsylvania battery manufacturer flouted federal labor law when it failed to pay workers $22 million for time they spent changing in and out of protective gear, rejecting the company's assertion it was only obligated to pay workers what was "reasonable."

  • December 19, 2024

    DOL Says Brewery Partial Owner Has Limited Access To Tips

    An individual with a partial ownership interest in a brewery and taproom who also works at the bar could keep tips only if directly provided by customers and if they are working alone at the bar, the U.S. Department of Labor said in an opinion letter.

  • December 19, 2024

    X Workers Say Entire Severance Suit Should Survive

    Former X employees urged a Delaware federal court to set aside portions of a magistrate judge's recommendation that the court partially toss their unpaid severance benefits lawsuit, saying the judge incorrectly found that a merger agreement stripped them of standing.

  • December 19, 2024

    Deal Falls Short In DOL Wage Suit Against Zoup Franchisee

    An Ohio federal judge refused to sign off on a $30,000 settlement in a U.S. Department of Labor Suit alleging a Zoup restaurant franchisee stiffed workers on overtime premiums, saying Thursday that there is not enough information to determine whether the deal is fair and reasonable. 

  • December 19, 2024

    Dinsmore Adds Labor And Employment Duo In Denver

    Dinsmore & Shohl LLP has hired two labor and employment attorneys in Denver from a firm one of those attorneys helped found, the firm announced Wednesday.

Expert Analysis

  • 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.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.