Wage & Hour

  • January 13, 2025

    FedEx Drivers Rip Company's 'Desperate' Bid To Duck OT Suit

    FedEx drivers working for intermediate employers have pressed a Massachusetts federal judge to keep alive one of a handful of overtime lawsuits against the shipping giant, blasting the company's "desperate" bid to have the case kicked as a sanction to the drivers' lawyers.

  • January 13, 2025

    Pa. AG Urges 3rd Circ. To Revive Uber Drivers' Wage Suit

    Pennsylvania's attorney general urged the Third Circuit to revive a class action accusing Uber of misclassifying drivers as independent contractors, saying the worker-friendly Pennsylvania wage and hour law claims should not have been thrown out.

  • January 13, 2025

    Justices Won't Review Biden's Contractor Wage Hike

    The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.

  • January 10, 2025

    X Fights Finding Severance Row Contract Claims Can Survive

    X Corp. and Elon Musk squared off with ex-Twitter workers in Delaware federal court, filing dueling briefs that took opposing stances over whether a district judge should adopt a recommendation to keep alive some breach-of-contract allegations in the workers' proposed class action claiming they were cheated out of severance benefits.

  • January 10, 2025

    Texas High Court Flips Course To Hear Boeing Back Pay Suit

    The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.

  • January 10, 2025

    Chamber Backs Writers In 11th Circ. Contractor Dispute

    The U.S. Chamber of Commerce and other groups backed four freelance writers who are trying to persuade the Eleventh Circuit to toss the U.S. Department of Labor's independent contractor rule, saying that a Georgia federal court's decision keeping the rule in place will propel hazy rules.

  • January 10, 2025

    Home Care Co. Must Pay $15M In DOL OT Suit

    An Ohio federal judge granted the U.S. Department of Labor a win in its lawsuit accusing a third-party home care agency of failing to pay employees overtime and ordered the company to pay $15 million in unpaid wages and damages.

  • January 10, 2025

    Ex-Twitter Exec Can't Snag Docs In Bonus Suit

    A former senior director of compensation for X Corp., previously known as Twitter, won't be able to recover communications from Twitter management or financial records in his suit alleging unpaid bonuses after Elon Musk took over the company, a California federal magistrate judge ruled.

  • January 10, 2025

    Ye Inks $625K Deal To End Misclassification Suit

    Ye and his clothing company, Yeezy Apparel LLC, will pay $625,000 to resolve a class action accusing them of incorrectly classifying design workers as independent contractors and thus causing them to lose out on overtime wages, an order in California state court said.

  • January 10, 2025

    Outgoing DOL Head Talks Final Push, Biden's Worker Legacy

    With less than two weeks left overseeing the U.S. Department of Labor, Acting Labor Secretary Julie Su said she is proudest of fighting wage theft and her support for workers in collective bargaining, but regrets not having more time to fundamentally change the economy. Su spoke with Law360 about her tenure, her potential successor and her legacy.

  • January 10, 2025

    X Asks 9th Circ. To Back Dismissal Of $500M Severance Suit

    Social platform X urged the Ninth Circuit to uphold the dismissal of a suit claiming it owes workers $500 million in severance after Elon Musk bought the business and conducted mass layoffs, arguing the lower court correctly found that the ex-employees couldn't sue under federal benefits law.

  • January 10, 2025

    DOL Fends Off Challenge To Independent Contractor Rule

    The U.S. Department of Labor acted within its power when issuing a final rule for determining whether workers are employees or independent contractors, a New Mexico federal judge said, declining to apply the U.S. Supreme Court's Loper Bright decision in a trucking company's challenge to the rule.

  • January 10, 2025

    Calif. Forecast: 9th Circ. To Weigh Cal State 'Caste' Policy

    In the next week, attorneys should watch for Ninth Circuit oral arguments regarding whether a "caste" policy at the California State University system unlawfully targets Hindu employees and others. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • January 10, 2025

    Food Product Co. Strikes $703K Deal To End Wage Suit

    A food products manufacturing company will pay nearly $703,000 to resolve a 264-member collective action accusing it of failing to pay employees for preshift work, according to a filing in Illinois federal court.

  • January 09, 2025

    Control Of Reality TV Stars Muddles Employee Status Debate

    The suggestion that participants of the reality television series "Love Is Blind" may be employees under federal labor law raises unique questions about the role control plays in defining an employment relationship, adding a new dimension to the modern classification debate, attorneys say.

  • January 09, 2025

    Kroger Drops FTC Constitutionality Fight After Nixed Merger

    Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.

  • January 09, 2025

    DraftKings Says Fired Worker 'Has No Legal Path' Forward

    DraftKings asked a Massachusetts federal judge on Thursday to throw out a former engineer's lawsuit claiming that he was fired in retaliation for seeking paid parental leave, saying the claims have no legal basis.

  • January 09, 2025

    Guards, ICE Detention Contractor Wage Deal Approved

    A detention officer's suit accusing the operator of a U.S. Immigration and Customs Enforcement detention center of unpaid preshift work will come to an end after a Texas federal judge signed off Thursday on a sealed settlement.

  • January 09, 2025

    Dillard's Stiffs Workers On Overtime, Sales Associate Says

    Department store chain Dillard's does not properly take into account all the time that hourly paid employees spend working and thus shorts them on minimum and overtime wages, a worker said in a proposed collective action filed in Florida federal court.

  • January 09, 2025

    Security Cos., Ex-Officer End Overtime And Break Suit

    Two security companies and a former security officer who alleged they failed to properly pay overtime and provide breaks told a California federal court that they agreed to toss the worker's suit.

  • January 09, 2025

    Fired Exec's Suit Paused As 4th Circ. Mulls Arbitration Denial

    A Virginia federal judge paused a former gas company executive's lawsuit alleging breach of contract and wrongful termination while the Fourth Circuit decides whether to hear the company's midsuit appeal.

  • January 09, 2025

    Musk Could Dodge Some Claims In X Severance Suit

    Six former Twitter employees who alleged they weren't paid severance benefits after Elon Musk took over the company shouldn't be able to proceed with their claims under Texas law, a Delaware federal magistrate judge said, but he recommended that claims under California and New York law be given a second chance.

  • January 09, 2025

    Conn. House Bill Seeks Overtime Pay Income Tax Exemption

    Connecticut would exempt employees' earned overtime pay from income tax under a bill introduced in the state House of Representatives.

  • January 09, 2025

    Worker Fights Campbell's Push To Revoke Pay In Wage Suit

    A Campbell Soup worker urged a New York federal court to throw out the company's counterclaim asserting it can claw back commissions it paid him should he prevail on claims that he was incorrectly classified as an independent contractor, saying those commissions were his wages.

  • January 08, 2025

    5 Wage Bills That Could Advance In The New Congress

    Republican-backed wage and hour bills on issues including child labor, minimum wage and taxes on tips have a chance of surviving in the new Congress now that the party controls the House and Senate, attorneys said. Here, Law360 explores wage bills that could survive the new Congress.

Expert Analysis

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • 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.