Wage & Hour

  • January 23, 2026

    DC, States Back Flowers Foods Driver In High Court Arb. Case

    Whether a worker qualifies for an arbitration exemption depends on what they do, not on the legal structure of their work, 14 states and the District of Columbia told the U.S. Supreme Court, backing a driver for Flowers Foods seeking to keep his wage suit out of arbitration.

  • January 23, 2026

    Choice Hotels Ex-Worker Says Co. Shorted Breaks, Sick Leave

    Understaffing by Choice Hotels forced workers to skip meal and rest breaks and accrue overtime that the company never properly paid, said a former employee's proposed class and collective action filed Thursday in Washington federal court.

  • January 23, 2026

    Instacart, DoorDash, Uber Can't Block NYC's Delivery Laws

    Two New York federal judges rejected requests by delivery companies Instacart, DoorDash and Uber to halt New York City laws regulating tipping options, minimum wage and disclosure requirements, saying that the companies didn't support their arguments that the laws violate the First Amendment and federal preemption principles.

  • January 23, 2026

    Ga. Aviation Co. Faces Suit Over Overtime Pay Miscalculation

    An Atlanta-based aerospace and information technology company has been hit with a proposed collective action in Georgia federal court over allegations that it failed to properly calculate pay rates when paying overtime to its air traffic controllers.

  • January 23, 2026

    3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.

    The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.

  • January 23, 2026

    NJ Teachers Union Accused Of Racial Pay Disparity

    A Black longtime employee of the New Jersey Education Association has been paid less than her colleagues because of her race, she told a state court.

  • January 23, 2026

    Calif. Forecast: Court Weighs BlackBerry Discrimination Suit

    In the coming week, attorneys should watch for a summary judgment hearing in a former BlackBerry Corp. executive's discrimination and harassment suit. Here's a look at that case and other labor and employment matters on deck in California.

  • January 23, 2026

    NY Forecast: 2nd Circ. Weighs Reviving SEIU Fund Bias Suit

    This week, the Second Circuit will consider whether to revive a discrimination suit a former worker for a Service Employees International Union benefit fund brought claiming the fund fired him after refusing to accommodate a disability that prevented him from driving for long periods of time.

  • January 23, 2026

    IRS Says Overtime Tax Break Is Pegged To FLSA

    Eligibility for a new tax deduction for overtime compensation is based on definitions provided in the Fair Labor Standards Act, the IRS said Friday, spelling out who can claim the tax break and what pay qualifies.

  • January 23, 2026

    Delta Lounge Workers Cheated Out Of Wages, Suit Says

    Delta Air Lines and a food service company cheated workers at airport lounges out of wages by not paying them for time spent undergoing security checks and by denying them meal and rest breaks, a worker said in a proposed class action in California state court.

  • January 22, 2026

    Care Co. Says 3rd Circ. Ignored Loper Bright In Backing DOL

    A home health company urged the Third Circuit to rethink its decision upholding a $1 million judgment against it after finding that the U.S. Department of Labor could strip third-party employers of an overtime exemption, saying the decision flouted the U.S. Supreme Court's Loper Bright ruling.

  • January 22, 2026

    5 Trends In January's New Paid Leave Laws

    Leave protections for organ donors and crime victims and increases to maximum benefit amounts are among the trends in paid leave laws that took effect this month around the U.S. Here, Law360 explores the trends.

  • January 22, 2026

    Closed Captioners Get Initial OK For Wage Deal With Vitac

    A Colorado federal judge Thursday gave his initial blessing to a $500,000 settlement resolving a Vitac Corp. employee's allegations that the transcription and closed captioning company didn't pay workers for preparation tasks necessary to perform their jobs, saying the immediate recovery outweighs potential future relief following expensive litigation.

  • January 22, 2026

    NYC Homeless Nonprofit Shaved Hours, Ex-Worker Says

    A New York City nonprofit that operates homeless shelters shaved time off of employees' hours, resulting in unpaid wages and overtime, according to a proposed class and collective action complaint filed Thursday in New York federal court.

  • January 22, 2026

    Arbitrators Back Flowers Foods Driver In Exemption Battle

    The U.S. Supreme Court should maintain a ruling that a Flowers Foods distributor claiming unpaid overtime was exempt from arbitration because he engaged in interstate commerce, the National Academy of Arbitration told the high court Thursday, backing the worker.

  • January 22, 2026

    Littler Names New Board Of Directors Chair, Adds 3 Members

    Littler Mendelson PC has elected New York shareholder William J. Anthony to serve as chair of its 19-member 2026 Board of Directors and named three new board members.

  • January 22, 2026

    NY Cleaning Co. Operators, Worker Settle Wage Dispute

    The operators of a cleaning company reached a settlement with a worker who alleged they failed to appropriately pay him for his minimum, overtime and spread-of-hours wages, according to a New York federal court filing.

  • January 22, 2026

    Hotel Must Honor Deal Reached By Solo Atty, 1st Circ. Rules

    A Massachusetts hotel cannot escape a $580,000 deal settling a class action and three individual wage and hour cases, the First Circuit ruled, rejecting the entity's argument that a conflict of interest arose when the plaintiffs' counsel represented both the workers in all four cases.

  • January 21, 2026

    UFC Asks 9th Circ. To Nix 'Overbroad' Discovery In Wage Suits

    The Ultimate Fighting Championship urged the Ninth Circuit to immediately stop a Nevada federal court from enforcing a "breathtakingly overbroad" discovery order in wage suppression lawsuits, saying it violates attorney-client privilege and the First Amendment.

  • January 21, 2026

    UPS Strikes Deal In Class Action Over Pay For Military Leave

    UPS has reached a deal to end a class action alleging the package delivery giant violated federal law by failing to pay drivers for short-term military leave despite providing compensation for jury duty and other short-term absences, according to a filing in Washington federal court.

  • January 21, 2026

    FedEx Dodges Claims It Owed OT, Was Drivers' Employer

    Drivers who worked for FedEx through intermediary entities failed to support their arguments that the freight company was their joint employer or that they worked unpaid overtime under federal wage law, a Massachusetts federal judge ruled Wednesday.

  • January 21, 2026

    Delivery Drivers Ink $975K Deal To End Misclassification Suit

    A class of truck delivery drivers asked an Illinois federal judge Tuesday to grant preliminary approval to a $975,000 settlement resolving their lawsuit alleging a logistics company they worked for misclassified them as independent contractors.

  • January 21, 2026

    AFL-CIO Backs Flowers Foods Driver In High Court Arb. Case

    A Flowers Foods distributor is exempt from federal arbitration because even though he delivered goods locally, his work was part of an uninterrupted stream of interstate commerce, AFL-CIO told the U.S. Supreme Court on Wednesday, backing the worker's bid to keep his misclassification suit in court.

  • January 21, 2026

    Healthcare Workers Seek $12.2M From $28.5M No-Poach Deal

    Nearly 12,000 healthcare workers in a $28.5 million settlement with two hospitals that were accused of agreeing not to poach each other's doctors and nurses urged a Pennsylvania federal court to grant approximately $12 million in attorney fees, costs and service awards.

  • January 20, 2026

    Opt-In Forms In DaVita Wage Suit Need Revision, Judge Says

    A former DaVita worker should amend misleading consent forms she submitted for nurses and technicians seeking to join her wage action against the dialysis giant, a Colorado federal judge recommended Sunday, saying the worker also sent deceptive solicitation materials to potential opt-in plaintiffs.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.