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Wage & Hour

  • May 23, 2025

    Layoff To Litigation: Why Terminations Lead To W&H Claims

    Wage and hour claims may not be the first issues that spring to a worker's mind following a layoff, but since they can be filed on a group basis and give the worker the benefit of the doubt, they are low-hanging litigation fruit for worker advocates.

  • May 22, 2025

    Colo. Health System Can't Dodge Nurses' Wage Suit

    A suit by a group of nurses accusing a Colorado health system of miscalculating their overtime will stay fully in place, a federal judge ruled, agreeing with a magistrate judge's recommendation not to dismiss the Colorado Minimum Wage Act claim.

  • May 22, 2025

    Addiction Centers Strike Deal To End 3 Wage Suits

    Addiction treatment centers in Ohio and Tennessee reached a nearly $738,000 settlement to resolve lawsuits from workers accusing the centers of failing to pay them overtime wages and provide them with meal breaks, a filing in federal court said.

  • May 22, 2025

    NJ Golf Clubs Failed To Pay Caddies Wages, OT, Suits Claim

    A Bronx man has filed proposed class actions in New Jersey state court against two Garden State country clubs accusing them of failing to pay caddies minimum wage or overtime.

  • May 22, 2025

    Fire Battalion Chief Says He Was Not An OT-Exempt Manager

    A Georgia county should not be able to enda fire battalion chief's suit allegingunpaid overtime, the firefighter told a federal court, arguing that the work he performed was not managerial in nature.

  • May 22, 2025

    Apparel Co. Strikes $660K Deal To End PAGA Wage Suit

    The company behind OshKosh B'gosh reached a $660,000 settlement to resolve a Private Attorneys General Act lawsuit accusing it of requiring employees to work through their meal breaks and shorting them on overtime wages, a filing in California federal court said.

  • May 22, 2025

    2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit

    The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.

  • May 22, 2025

    Quest Diagnostics' $4M Rest Break Settlement Gets Initial OK

    A California federal judge granted preliminary approval to a $3.95 million settlement to a wage and hour class action against Quest Diagnostics Clinical Laboratories Inc., saying the deal adequately resolves allegations that the company violated the rest-break provision of the state's Labor Code.

  • May 22, 2025

    Atlanta Strip Clubs Push To DQ Attys For Dancer And Manager

    Two Atlanta strip clubs facing allegations that they stiffed workers on their pay called for the employees' counsel to be disqualified on Wednesday, arguing that the attorneys can't simultaneously represent both a dancer and a supervisor who effectively operated as an employer and agent of the clubs.

  • May 22, 2025

    Seyfarth Hires Labor And Employment Partner In Seattle

    Seyfarth Shaw LLP added a partner to its labor and employment department from Perkins Coie LLP who says the firm's resources will help him tackle the growing number of wage and hour class actions Washington state has been witnessing.

  • May 22, 2025

    Ex-Prosecutor Says Filing Error Wrongly Sank FMLA Claims

    A filing error should not spell demise for a former Virginia city prosecutor's Family and Medical Leave Act claims against the city, his counsel told a federal court, saying the claims should be reinstated because they were never intended to be conceded.

  • May 22, 2025

    Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim

    Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.

  • May 21, 2025

    Calif. Justices Weigh Strict Arbitration Fee Law's Validity

    Counsel for a food supply company urged the California Supreme Court on Wednesday to find the Federal Arbitration Act preempts a state statute automatically waiving arbitration rights for a party that doesn't timely pay arbitration fees, saying the law is so draconian that even an earthquake wouldn't excuselate payment.

  • May 21, 2025

    Atty's Silence Dooms FMLA Claims Against Va. City

    A Virginia city is off the hook in an attorney's lawsuit claiming he was fired after requesting leave to care for his mother, a federal court ruled Wednesday, finding the attorney's failure to respond to the city's filings requires his claims be dismissed.

  • May 21, 2025

    CSX Engineers Drop Class Claims In Medical Leave Suit

    CSX Transportation Inc. does not have to face class and collective claims alleging its attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, as two workers told an Ohio federal court Wednesday they are abandoning their class allegations.

  • May 21, 2025

    Aircraft Services Cos., Fuel Pumper Settle PAGA Suit

    Two aviation companies and a fuel pumper told a California federal court that they reached a deal in a case that took a trip to the U.S. Supreme Court, in which the worker claimed unpaid wages under California's Private Attorneys General Act.

  • May 21, 2025

    Democracy Forward Adds Another Ex-DOJ Hand

    Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.

  • May 21, 2025

    5 Ways DOL Wage Rules Could Be Undone

    The U.S. Department of Labor under President Donald Trump has already proceeded with unwinding the previous administrations wage and hour rules, creating a shifting landscape for workers, employers and their attorneys. Here, 做厙輦⑹ explores ways in which rules can go away.

  • May 20, 2025

    Ga. Craft Brewery Hit With Unpaid Wages Suit

    A Georgia craft brewery and its owner have been sued in federal court by three current employees who allege that they have not been paid proper minimum wages over the last three years.

  • May 20, 2025

    Driver Drops NY Late Pay Suit Against USPS Contractors

    A driver and two U.S. Postal Service contractors told a New York federal court Tuesday that they agreed to end the worker's suit claiming he was paid late under New York Labor Law.

  • May 20, 2025

    GOP Lawmakers Defend Stricter Independent Contractor Bill

    Republicans on a U.S. House subcommittee Tuesday pushed for passing a recently introduced bill that would tighten standards for classifying workers as independent contractors, while Democrats feared moving in that direction would significantly hurt workers.

  • May 20, 2025

    Uber Underpaid OT By Thousands, Account Exec. Says

    Uber expected an account executive to put in at least 55 hours a week but didn't fully compensate him for all of these extra hours, a complaint filed in California state court said.

  • May 20, 2025

    NYU Langone IT Workers Get Conditional Cert. In Wage Suit

    Information technology workers who accused New York University's academic medical center of improperly classifying them as exempt from earning overtime wages can proceed as a collective, a federal judge ruled, finding they showed they were all subject to the same pay policies and practices.

  • May 20, 2025

    Taft Expands In Chicago With Construction, Employment Attys

    Taft Stettinius & Hollister LLP has expanded its construction and employment/labor practices by adding two litigators as Chicago partners, the firm announced Tuesday.

  • May 20, 2025

    1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal

    The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.

Expert Analysis

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

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    County-specific election results for Californias ballot measure that would have raised the states 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 Circuits 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.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision which held that job transfers could be discriminatory in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employees retention bonus did not count as wages under the states Wage Act, illustrating the nuanced ways wages are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.