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Wage & Hour

  • July 14, 2025

    Wage Collective Certifications Up, Deals Down, Reports Find

    The value of top wage and hour class and collective action settlements is down so far this year, while conditional certifications in wage collective litigation are up, according to Duane Morris LLP reports, trends that a lead author attributed to the relative ease of obtaining initial collective approval.

  • July 14, 2025

    Honeywell Resolves Ohio Worker's Overtime Pay Dispute

    Honeywell has settled a former Ohio employee's lawsuit alleging that the conglomerate failed to pay her for all hours worked, including automatically deducting lunch breaks she often didn't take and not paying her for time spent undergoing COVID-19 screenings before each shift, court documents show.

  • July 14, 2025

    DC Circ. Says Biden DOL Didn't Improperly Issue H-2A Rule

    The D.C. Circuit has said the Biden administration did not flout notice and comment rulemaking procedures when it issued a rule in 2022 revising the H-2A visa worker program because it pulled the Trump administration's 2021 version of the rule before it became final.

  • July 14, 2025

    Marriott Gets Worker's Wage Suit Tossed, For Now

    A Washington federal judge reconsidered his prior decision sending a Marriott worker's wage and hour suit back to state court, agreeing with the hotel giant's argument that the amount in controversy is above $5 million, and dismissed the proposed class action while allowing the worker to update his claims.

  • July 14, 2025

    NC Bakery Accused Of Denying Workers Overtime Pay

    A Durham, North Carolina-based bakery is being accused of paying its employees a flat hourly rate regardless of how many hours they worked in violation of labor law, according to a proposed collective action filed in North Carolina federal court.

  • July 14, 2025

    11th Circuit Backs DOJ In Disability Bias, FMLA Suit Dismissal

    A former supervisor of education at a Florida federal prison was late in challenging the U.S. Department of Justice's denial of her accommodation request for anxiety and adjustment disorder, the Eleventh Circuit ruled on Monday, upholding a federal court's decision dismissing her suit.

  • July 14, 2025

    Ex-Tech Worker Says Expenses Suit Shouldn't Be Arbitrated

    A customer experience technology company can't force arbitration in a lawsuit alleging remote workers weren't reimbursed for internet service and computers they were mandated to purchase, an ex-employee told a Colorado federal court, arguing the company can't show that she and another worker signed valid arbitration agreements.

  • July 14, 2025

    Home Depot Faces Suit Over Worker Moonlighting Ban

    Home Depot Inc. has been hit with a proposed class action from a former retail worker who alleged that the company is violating Washington state labor laws by banning its lowest-earning employees from moonlighting at second jobs.

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

  • July 11, 2025

    2025's Bias Class Deals On Track To Best '24, Report Says

    The value of the top settlements in employment discrimination class actions in the first half of 2025 was over $220 million, which is on pace to exceed the value of last year's largest set of deals, according to a new Duane Morris LLP report.

  • July 11, 2025

    Servers Seek Initial OK For $1.75M Deal With NYC Restaurants

    Two Chinese restaurants in Manhattan have agreed to pay $1.75 million to settle a suit accusing them of cheating tipped workers out of tips, the workers told a New York federal court, urging the court to approve the deal.

  • July 11, 2025

    DOL W&H Roundup: Trump 2.0 In Full Swing

    The U.S. Department of Labor is dismantling President Joe Biden's legacy and reconfiguring the Wage and Hour Division with a business-friendly approach, as seen in the agency saying it would not seek liquidated damages against employers and its announcement that it would stop enforcement of an employee-friendly classification rule. Here, ¼«ËÙÈü³µ explores these and other developments unfolding at the DOL.

  • July 11, 2025

    $16M Deal Gets OK In Wage Suit Against Wash. Hospitals

    A $16 million deal ending three consolidated suits accusing Providence Health & Services and two related entities of not giving nearly 23,900 meal and rest breaks can proceed, a Washington state judge ruled, finding the deal fair.

  • July 11, 2025

    Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases

    Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.

  • July 11, 2025

    Calif. Panel Says Arbitration Provider Immune From Fraud Suit

    An arbitration provider is immune from a logistics company's suit accusing it of not properly vetting its arbitrators, including one who oversaw a wage and hour suit against the company, a California appeals panel ruled, affirming a lower court's decision to nix the case.

  • July 11, 2025

    Calif. Forecast: Court Weighs Google's $50M Racial Bias Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a $50 million deal between Google and Black workers who alleged the technology giant discriminated against them based on race. Here's a look at that case and other labor and employment matters on deck in California.

  • July 11, 2025

    Logistics Co., Drivers To Mediate Misclassification Dispute

    A logistics provider that helps manage trailers on company grounds will head to mediation to work toward settling a 650-member collective of drivers' suit accusing it of misclassifying them to avoid paying them overtime wages, a filing in Georgia federal court said.

  • July 10, 2025

    Orkin Stiffed Pest Control Workers On Overtime, Suit Says

    Pest control giant Orkin stiffed thousands of employees on overtime pay by requiring them to perform work off the clock through automatically deducted breaks that weren't taken and required participation in unpaid training sessions, according to a Thursday suit filed in Georgia federal court.

  • July 10, 2025

    2-Step Collective Cert. Survives, But Another Test Is Coming

    The fate of the long-standing but recently threatened two-step process for wage and hour collective certification is uncertain after one federal appeals court departed from two others by keeping the analysis intact, while another is expected to decide on the issue soon. Here, ¼«ËÙÈü³µ explores the issue.

  • July 10, 2025

    Fitness Cos. Can Arbitrate Health Specialist's Wage Claim

    A fitness company and its subsidiary can arbitrate a health fitness specialist's lawsuit accusing them of paying him and other manual workers bimonthly instead of weekly as New York law requires, a federal judge ruled, saying a valid arbitration agreement exists.

  • July 10, 2025

    Nursing Home Operator Faces Meal Break Suit In Pa.

    A rehabilitation and nursing home operator automatically deducted 30-minute unpaid meal breaks from workers' time even though they were unable to take the breaks in full, a former employee for the company said in a proposed class action in Pennsylvania state court.

  • July 10, 2025

    Publix Pushed For Off-Clock Work, Underpaid OT, Suit Says

    Grocery chain Publix pressured a department manager to work off-the-clock to bolster store profits and shorted him on overtime by failing to incorporate bonus pay into its time-and-a-half calculations of his hourly rate, the worker said in a suit filed in Georgia federal court.

  • July 10, 2025

    Mining Co. Fails To Pay For Preshift Work, Suit Says

    A mining company fails to pay workers for necessary preshift tasks such as donning protective equipment and improperly calculates their overtime wages, a proposed class action filed in Colorado state court said.

  • July 10, 2025

    Ex-Executive Of Cannabis Co. Ascend Alleges Wrongful Firing

    A former executive at New York cannabis company Ascend Wellness Holdings Inc. claims the company cheated him out of $400,000 in unpaid wages, stock payouts, and medical and dental coverage owed to him after it unceremoniously fired him, according to a lawsuit.

  • July 09, 2025

    California Court Allows Worker To Pursue 'Headless' PAGA Suit

    A California appeals court panel held Monday that a worker who dismissed his individual claims against his former employer for civil penalties under California's Private Attorneys General Act can still pursue claims solely on behalf of other aggrieved employees in a so-called headless PAGA action.

Expert Analysis

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • 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.