News & Analysis as of

Labor Law Violations Wage and Hour

Seyfarth Shaw LLP

Minimum Wage Good Faith Defense and Labor Commissioner Appeal Scope

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The California Supreme Court held that an employer must prove that it made a reasonable attempt to decipher the requirements of the law governing minimum wages in order to avail itself of the good faith defense against...more

CDF Labor Law LLP

Employer’s Ignorance of the Law is Not a Good Faith Defense for Failing to Pay Minimum Wages, California Supreme Court Says

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Last week, in Iloff v. LaPaille, the California Supreme Court made clear the burden on employers when asserting a good faith defense to avoid paying liquidated damages for violations of minimum wage laws. In its long-awaited...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

States Redraw the Rules on Child Labor

Child labor laws have changed in several states this year with some states tightening restrictions on child labor and other states loosening their rules. California, Indiana, Michigan, Nevada, and Virginia are among the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Resurrects PAID Program to Supervise Employers’ Self-Audits and Settlements of Potential FLSA and FMLA Violations

On July 24, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced it would once again oversee the Payroll Audit Independent Determination (PAID) program, allowing employers to self-report...more

Troutman Pepper Locke

Health Care Industry Under Attack for Independent Contractor Misclassification: July 2025 IC Legal News Update

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Unless you were in the health care industry, July 2025 was a relatively slow month for judicial developments in the law of independent contractor (IC) misclassification and compliance. Only two significant IC cases came to...more

Fisher Phillips

9 Steps Mine Operators Should Take as Overtime Class/Collective Actions Surge Across the Country

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In recent months, we have seen a substantial uptick in class and collective actions filed against mine operators on behalf of current and former hourly miners (and other hourly field personnel) alleging violations of the Fair...more

Seyfarth Shaw LLP

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

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The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more

Fisher Phillips

Colorado’s New Wage Law Packs a Bigger Penalty Punch: 6 Things Employers Need to Know

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Employers in Colorado could face steep penalties for wage and hour violations under a new law that took effect on Aug 6. They also risk losing their license to operate if willful violations are not remedied. To avoid running...more

Ervin Cohen & Jessup LLP

California Appellate Courts Split on “Headless” PAGA Standing: CRST Expedited Permits Broad Claims, While Leeper Awaits Review

A recent decision from California’s Fifth District Court of Appeal has deepened the divide among state courts on a critical issue under the Private Attorneys General Act (PAGA): whether a plaintiff may pursue representative...more

Fisher Phillips

Washington State Workplace Law Roundup: Nearly 20 New Laws Taking Effect Within the Next Year – Starting Now

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Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that...more

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

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While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

Fox Rothschild LLP

Washington State Sees Surge in Wage-and-Hour Class Actions

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Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms,...more

Troutman Pepper Locke

Home Improvement and Legal Services Industries Under Attack for Independent Contractor Misclassification Claims: June 2025 IC...

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Last month, there were only a couple of legal developments in the area of independent contractor (IC) compliance and misclassification, but they were significant because two more industries — home improvement and legal...more

Seyfarth Shaw LLP

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

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The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published May 2025

Immigration. There were many decisions by classes seeking certification of habeas claims related to President Donald Trump’s invocation of the Alien Enemies Act that reached different decisions on whether to certify...more

Seyfarth Shaw LLP

Warning from the Lighthouse: Washington Supreme Court Elevates Informal Wage Directives

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In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more

Cozen O'Connor

Massachusetts AG Cites Restaurant for Alleged Tip Pooling Violations

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Massachusetts AG Andrea Campbell issued citations against restaurant Azumi LLC (Azumi), and its manager for allegedly requiring service employees to share tips with managers in violation of state wage and hour laws....more

Fisher Phillips

Knowledge Is POWER: Here’s How Philadelphia Businesses Can Comply With The City’s New Employment Protections

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Philadelphia employers now face more investigations and stiffer punishment under a new law the mayor approved last week. The POWER Act, signed on May 27 and taking effect immediately, adds sweeping worker protections...more

Fox Rothschild LLP

New York Scales Back Damages for Frequency-of-Pay Violations

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A recent change to New York labor law means employers will no longer face business-crippling lawsuits for minor frequency-of-pay mistakes, as long as they have not previously been found to have violated the state’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York’s 2025–26 Budget Includes Immediate Labor Law Reforms, Important Changes to Pay Frequency Laws

New York’s governor and state legislature have finally stumbled to completion of this year’s budget negotiations and enacted legislation as part of the 2025–26 state budget, which includes significant amendments to the New...more

Seyfarth Shaw LLP

New York Sharply Curtails Damages for Weekly Pay Violations

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The 2025 New York State budget includes a provision that reduces the potential damages available to plaintiffs for violation of the weekly pay requirement of the New York Labor Law....more

Proskauer - Law and the Workplace

Labor Law Amendments Limit Damages for Violation of New York’s Weekly Pay Law

As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the...more

Frantz Ward LLP

Ohio Federal Court Preliminarily Approves $20 Million Settlement for Kroger Wage and Hour Lawsuit

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On February 20, 2025, Judge Jeffrey P. Hopkins of the U.S. District Court for the Southern District of Ohio entered an order preliminarily approving a $20.8 million settlement in a collective and class action lawsuit by...more

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