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Wage & Hour

  • June 03, 2025

    BofA Mortgage Officers To Turn Over Certain Docs In OT Row

    Mortgage loan officers will have to turn over certain documents in discovery related to their suit accusing Bank of America of misclassifying them as overtime-exempt, a North Carolina federal judge ruled, narrowing certain requests and keeping tax returns out.

  • June 03, 2025

    Calif. Panel Won't Restore Subclasses In Nurses' Wage Suit

    Two nurses failed to back up their assertions that a hospital system similarly refused to provide their colleagues with meal and rest breaks, a California state appeals court ruled, upholding an order that decertified two subclasses in their wage suit.

  • June 02, 2025

    Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling

    A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.

  • June 02, 2025

    Charles Schwab Misclassifies Workers, OT Suit Claims

    Charles Schwab classifies workers as overtime-exempt even though their duties make them eligible for overtime, a former employee said in a proposed collective action filed in Texas federal court.

  • June 02, 2025

    Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool

    A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.

  • June 02, 2025

    Google Wants Ex-Sales Rep's $2M Commission Suit Tossed

    Google urged a Connecticut federal court to ax a former Google Cloud salesman's suit alleging that the company owes him $2 million in commissions and fired him while he underwent cancer treatments to dodge insurance benefits, saying his claims can't stand.

  • June 02, 2025

    Twitter Must Search Email, Slack Records In Severance Spat

    Fired Twitter executives can force the social media company to comb through emails and Slack channels for specific terms to support their lawsuit alleging they are owed $200 million in severance, a California federal judge ruled, rejecting the company's argument that the searches would be overly burdensome.

  • June 02, 2025

    Trump Budget Proposes OFCCP Elimination, EEOC Cuts

    President Donald Trump's administration has proposed eliminating the Office of Federal Contract Compliance Programs and shifting some of its remaining responsibilities to the U.S. Equal Employment Opportunity Commission, which itself would see a nearly $20 million budget reduction.

  • June 02, 2025

    Fisher Phillips Adds New Houston Leader From Reed Smith

    Employer-side labor and employment firm Fisher Phillips announced Monday that it has added a new hire in Houston from Reed Smith LLP who will serve as regional managing partner of the office.

  • June 02, 2025

    DOL Relaunches Opinion Letter Program

    The U.S. Department of Labor has relaunched its opinion letter program, which provides guidance to workers and employers to help them better understand and comply with federal employment laws, the agency said Monday.

  • June 02, 2025

    Caesars Illegally Rounds Down Workers' Time, Suit Says

    Casino operator Caesars rounded down the amount of time employees spent working, causing them to lose out on overtime wages, a proposed class and collective action filed in Colorado federal court said.

  • June 02, 2025

    Justices To Probe GEO's Immunity Claim In Forced Labor Suit

    The U.S. Supreme Court on Monday agreed to take up GEO Group Inc.'s bid for review of a Tenth Circuit decision dismissing the private prison company's immediate appeal of an adverse immunity determination in a forced labor class action.

  • May 30, 2025

    Colo. Judge Won't Halt $14M Wage Fines Against Strip Clubs

    A group of strip clubs made "conclusory assertions" in their bid to dodge $14 million in fines the city of Denver lodged against them for pay practice allegations, a Colorado federal judge ruled, saying that the entities didn't prove a constitutional violation.

  • May 30, 2025

    Coal Miners Re-Up Bid For $15.2M Wage Deal Approval

    Coal miners again asked a Kentucky federal judge Friday to greenlight a $15.2 million deal resolving their unpaid wage suit against several mining companies, presenting a restructured agreement that eliminates collective claims and discusses the degree of similarity among workers in a proposed, nearly 7,000-member settlement class.

  • May 30, 2025

    Calif. Forecast: State Justices Weigh Good-Faith Wage Args

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding what an employer must show for a good faith defense in a wage case. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • May 30, 2025

    Farm Groups' Challenge To H-2A Wage Rule Back On Track

    The U.S. Department of Labor failed to show it would be necessary to push back litigation challenging a Biden-era H-2A wage rule, especially in the context of farm groups' ongoing harm allegations, a Florida federal judge ruled.

  • May 30, 2025

    Mich. Workers Get Final OK For Boot-Up Suit Settlement

    A Michigan federal court greenlighted an $86,000 settlement resolving an insurance specialist's collective action accusing a home healthcare company of failing to pay employees for the time they spent booting up their computers.

  • May 30, 2025

    DOL Wage Policy Team Brings Biz-Friendly Experience

    The U.S. Department of Labor’s new Wage and Hour Division political appointees came from firms that have defended management in wage litigation, companies that have faced employment law claims, a Senate committee that scrutinized the Biden DOL and a state that is considered employer-friendly. Here, ¼«ËÙÈü³µ looks at the new leadership team.

  • May 30, 2025

    NY Forecast: Judge Weighs Jury Trial Demand In Layoffs Suit

    This week, a New York federal judge will hear arguments over whether a class of former workers at a Four Seasons hotel can withdraw their request for a jury trial in their suit claiming the hotel did not provide required notices before laying them off.

  • May 30, 2025

    Rehab's Ex-Kitchen Worker Drops Unpaid Wage Case

    A former kitchen worker for a drug and alcohol rehabilitation center is no longer pursuing his claims that the nonprofit failed to pay him minimum and overtime wages, and sometimes didn't pay him at all, according to a filing Friday in Georgia federal court.

  • May 30, 2025

    Energy Co. Fired Worker In Retaliation For Probe, Court Told

    A clean energy manufacturing company failed to pay a former employee all his wages and then fired him after he raised safety concerns, the worker told a North Carolina federal court Friday.

  • May 29, 2025

    OPM Memos Push Changes In Federal Hiring Based on 'Merit'

    The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.

  • May 29, 2025

    2nd Circ. Backs Ambulance Co. In Ex-Worker's FMLA Suit

    The Second Circuit refused Thursday to revive a former paramedic's lawsuit claiming an ambulance operator unlawfully refused to return him to a supervisory job after he returned from medical leave, saying he wasn't able to work until three months after his federally protected leave expired.

  • May 29, 2025

    Masimo Founder Slaps Board With Lawsuit Over His Ouster

    The founder and former CEO of Masimo Corp. has alleged six of the medical technology company's directors orchestrated his wrongful termination and denied him the compensation he is now owed, according to a suit for hundreds of millions of dollars filed against the executives in California state court.

  • May 29, 2025

    Wash. Justices Upend Cannabis Co. Win In Wage Suit

    Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.

Expert Analysis

  • 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.

  • 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.