News & Analysis as of

Settlement Wage and Hour

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

Polsinelli

DOL Ends “Double” Damages in Pre-Litigation FLSA Cases

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What you need to know: DOL will no longer seek liquidated (double) damages in pre-litigation FLSA settlements, limiting recovery to unpaid wages. Liquidated damages still apply in court cases, so employers remain at...more

Perkins Coie

Arizona Federal Court Scrutinizes Reversionary Clauses in FLSA Class Action Settlements

Perkins Coie on

The federal district court in Arizona recently confirmed that employers need a compelling reason to include reversionary clauses in wage-and-hour class action settlements. In Kostov v. Maricopa County Special Health Care...more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

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The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Bradley Arant Boult Cummings LLP

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more

Alston & Bird

Class Action & MDL Roundup | 2025 Q1 – Our Terms Define Class

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2025. In this edition, two UK actions fail to clear a low bar, a movie isn’t a video, and spam isn’t...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

The State AG Report – 06.05.2025

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Secure Contempt Ruling Against Robocaller for...more

Alston & Bird

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Whiteford

Employment Law Update: Growing Number of Courts Reject FLSA Settlement Approval Requirement

Whiteford on

The legal landscape surrounding Fair Labor Standards Act (“FLSA”) settlements is changing as a result of a split among federal courts on whether such settlements actually require judicial or Department of Labor (“DOL”)...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

Troutman Pepper Locke

New York AG James Reaches $16.75M Settlement With DoorDash for Allegedly Misleading Tip Practices

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The New York Attorney General’s (AG) Office announced a $16.75 million settlement with DoorDash, the prominent delivery platform. The settlement relates to claims that DoorDash misled both consumers and delivery workers...more

U.S. Equal Employment Opportunity Commission...

LeoPalace Resort to Pay Over $1.4 Million in EEOC National Origin Discrimination Lawsuit

GUAM – LeoPalace Guam Corporation, doing business as LeoPalace Resort, a major hotel and resort on the U.S. territory of Guam, will pay $1,412,500 and provide equitable relief to settle a national origin discrimination...more

Miles Mediation & Arbitration

Mediating False Claims Act Cases: Issues for Attorneys to Keep in Mind

When I started practicing law in 1981, I focused on labor and employment law. My practice involved management and union matters such as unfair labor practice charges and breaches of collective bargaining agreements. As a...more

Proskauer - California Employment Law

Hot PAGA Summer Rolls on with Another “Win” for Employers

The “Summer of PAGA” continued last week when the California Supreme Court ruled in Turrieta v. Lyft, Inc., Case No. S271721, that a plaintiff in a Private Attorneys General Act (PAGA) action does not have standing to...more

Proskauer - California Employment Law

PAGA 2.0 – Early Evaluation Conferences May Help Defendants Cut to the Chase

On June 27, 2024, the California Legislature passed AB 2288 and SB 92, compromise legislation that reformed the Private Attorneys General Act (PAGA) and averted a ballot measure that threatened to repeal the law entirely this...more

DCI Consulting

Qdoba Settlement Shows Significance of Pay Transparency Laws

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A recent settlement between Qdoba Restaurant Corporation and multiple applicants for employment shows the significance of pay transparency laws that have been instituted throughout the United States. The Qdoba settlement...more

Mintz - Employment Viewpoints

A New Dawn (Maybe) for California Employers: State and Business Groups Strike Deal on PAGA Reform

On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). The agreement comes before California voters could weigh in on...more

Carr Maloney P.C.

Preliminary Approval of Settlement in Cannabis Dispensary Employee Class Action Lawsuit

Carr Maloney P.C. on

The New Mexico federal court preliminarily approved a class action settlement for $525,000 in a wage claim asserted by a group of hourly employees from two cannabis dispensary chains, Medicine Man Technologies, Inc. (which...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Mintz - Employment Viewpoints

2023 New York Employment Law Roundup

Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more

Miles Mediation & Arbitration

Mediating Wage-Hour Collective and Class Actions: Special Factors to Keep in Mind

While there are certain elements present in every mediation, some types of cases are unique. A wage-hour collective or class action breaks the typical mediation paradigm. In most employment law-based mediations one expects...more

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