Wage & Hour

  • January 02, 2025

    Mortgage Co. Says Loan Officers Aren't Eligible For OT

    A mortgage company urged a California federal court to throw out a suit by loan officers alleging they were misclassified as overtime-exempt, arguing the workers fall under an exemption in the Fair Labor Standards Act and are too dissimilar to proceed as a collective.

  • January 01, 2025

    Washington Cases To Watch In 2025

    Washington's highest court will take a closer look this year at a Monsanto toxic tort verdict worth $185 million, a pay disclosure requirement that's triggered a wave of lawsuits against employers, and a new state gun law, while federal regulators forge ahead in district court with landmark antitrust litigation against Amazon.

  • January 01, 2025

    3 Biden-Era Wage Regs That Could Sink In 2025

    The Biden administration's rules determining overtime eligibility, sorting out whether workers are independent contractors and raising federal contractors' minimum wage face uncertainty in 2025. Here, Law360 looks at how those three rules may change.

  • 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

    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

    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

    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.

Expert Analysis

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.