Wage & Hour

  • March 18, 2026

    Oil Field Co. Denied Pay For Travel, Off-Clock Work, Suit Says

    An oil field services company failed to pay workers for extensive travel and off-the-clock work, according to a proposed class and collective action filed in Pennsylvania federal court.

  • March 18, 2026

    Taft Widens Colorado Reach With 7 Lawyers From BCLP

    Taft Stettinius & Hollister LLP has brought on seven lawyers at its Colorado Springs office from Bryan Cave Leighton Paisner to enhance its sports law, intellectual property, employment and litigation practices.

  • March 18, 2026

    Staffing Co., Urgent Care To Pay $12K To End Wage Lawsuit

    A staffing company and an urgent care tapped to provide services at New York City migrant facilities will pay $12,000 to end a proposed class and collective action brought by two hourly employees claiming they were improperly paid, according to a federal court filing.

  • March 18, 2026

    DOL Poised To Issue Joint Employer Rule

    The U.S. Department of Labor has sent a proposed rule laying out the Trump administration's test for joint employer status to the White House for review, teeing up the regulation for release.

  • March 17, 2026

    K&L Gates Adds Ex-Protection Law, Littler Labor Atty In LA

    K&L Gates LLP has added a labor and employment partner with experience at Protection Law Group and Littler Mendelson to its Labor, Employment and Workplace Safety practice in Los Angeles, according to an announcement Tuesday.

  • March 17, 2026

    Swift Says Its Truckers Are Exempt From Washington OT Law

    Trucking firm Swift Transportation urged a Washington federal court to reject a drivers' class action accusing the company of shorting them on overtime pay, arguing that drivers are exempt from Washington state's overtime laws and don't qualify for pay while off duty or in a truck's sleeper berth.

  • March 17, 2026

    Ex-Database Administrator Settles OT Claim

    A former database administrator who accused Express Scripts and two other companies of misclassifying him as an independent contractor reached a $30,000 deal with the entities to settle his federal law claim, the parties told a New York federal court.

  • March 17, 2026

    $30 Min. Wage An Answer To High Costs, NYC Lawmaker Says

    Recently introduced legislation would pave the way for New York City to have the highest minimum wage of any locality in the country. Council Member Sandy Nurse, the bill's prime sponsor, told Law360 that the measure would address a dire situation for the city's workers.

  • March 17, 2026

    Tyson Must Face Bulk Of Meat Plant Worker's Wage Suit

    Tyson Foods Inc. must face most of a proposed class action accusing it of wage and hour violations at a Washington processing plant, after a federal judge on Tuesday found a worker plausibly alleged that meal break interruptions and automatic deductions resulted in unpaid wages.

  • March 17, 2026

    Bimbo Bakeries Can't Steer Driver Suit To Arbitration

    A Massachusetts federal magistrate judge won't ship to arbitration a pair of New England drivers' claims that Bimbo Bakeries USA misclassifies them as independent contractors, finding that the drivers are covered by an exception to the federal arbitration statute.

  • March 17, 2026

    DOL Can't Fine NJ Farm Over H-2A Program, Justices Told

    The U.S. Department of Labor's request to the U.S. Supreme Court to mull whether the department can fine a New Jersey farm for what it alleged were H-2A program violations is based on a misconception, the farm told the justices, urging them to deny the petition.

  • March 17, 2026

    Nuclear Power Cos. Seek To Duck Wage-Fixing Class Action

    Nuclear energy producers including Constellation Energy, DTE Energy, Duke Energy and NextEra Energy have urged the Maryland federal court to toss a proposed class action alleging they conspired to fix wages in a scheme that workers say spanned "100% of the nuclear power generation labor market."

  • March 17, 2026

    4th Circ. Seems Leery Of Plant Closure Suit Against PE Firm

    The Fourth Circuit was skeptical Tuesday of ex-workers' bid to revive a proposed class action accusing a private equity firm of violating federal laws when it abruptly shut down a manufacturing plant, hinting that dropping the firm from a prior suit over the closure may preclude their case.

  • March 17, 2026

    Inspector Nabs Collective Cert. In Engineering Co. OT Spat

    An environmental inspector supported his claims that an engineering company and two related entities similarly paid day-rate workers without compensating them for their overtime, a Pennsylvania federal judge said, conditionally certifying a collective.

  • March 16, 2026

    PBGC Keen On Dishing Out Opinion Letters, Director Says

    The Pension Benefit Guaranty Corp. has revamped its website to encourage attorneys to seek opinion letters about how the Employee Retirement Income Security Act applies to specific scenarios. PBGC Director Janet Dhillon spoke to Law360 about that effort, the PBGC's latest financial report to Congress and her goals for the agency.

  • March 16, 2026

    Pepsi Bottler's Fee Dispute Belongs In Arbitration, Judge Says

    A Pepsi distributor cannot be forced by a federal court to pay arbitration costs in a misclassification dispute with the company, a New York federal magistrate judge ruled Monday, finding that the fee dispute must instead be resolved within the arbitration itself.

  • March 16, 2026

    Colorado Pushes For Early Win In Fight Over Sick Leave Law

    An airline trade group advanced only speculative arguments in its efforts to beat Colorado's bid for a pretrial win in the group's suit challenging Colorado's sick leave law, the state told a federal judge.

  • March 16, 2026

    Domestic Workers' Wages In Flux Amid New Laws, Proposals

    Domestic workers and their employers could see changing wage and hour practices as state and federal lawmakers seek to grant them new protections, while the U.S. Department of Labor has proposed taking protections away. Here, Law360 looks at three areas in which the issue is evolving.

  • March 16, 2026

    Instacart Appeal Pauses Suit Over NYC Delivery Laws

    Litigation over New York City laws extending pay and workplace protections for delivery workers will pause as Instacart presses an appeal at the Second Circuit, a New York federal judge ruled.

  • March 16, 2026

    Golden Nugget Casino Accused Of Wage Violations

    Atlantic City's Golden Nugget casino required table game dealers to count up theirs tips while they were off the clock and continued to pay for their rest breaks under a tip credit, a dealer said in a suit in New Jersey federal court.

  • March 16, 2026

    Target, Employees Get OK For $1.25M Deal On Shift Breaks

    Target will pay $1.25 million to resolve a proposed class action alleging it failed to provide employees proper meal and rest breaks, according to a Washington federal magistrate judge's order granting preliminary approval of the deal.

  • March 16, 2026

    Mass. Justices Won't Boost Pay For Court-Appointed Attys

    Massachusetts' highest court on Monday declined a request to let state judges offer higher hourly rates to induce attorneys to accept court-appointed cases, a proposal meant to alleviate a shortage of appointed counsel in two of the state's busiest counties.

  • March 16, 2026

    Driver Nixes Contempt Bid Against Trucking Co. In Wage Suit

    A former delivery driver withdrew his bid to hold a trucking company in contempt for its alleged refusal to provide an updated class list or confirm a proposed notice in a misclassification suit, according to a filing in Illinois federal court.

  • March 13, 2026

    Ky. Farm Says DOL Must Bring H-2A Case In Federal Court

    A small Kentucky tobacco farm has sued the U.S. Department of Labor, claiming its in-house adjudication system for violations of the H-2A temporary farmworker visa program is unconstitutional because the agency serves as the prosecutor, judge and jury.

  • March 13, 2026

    Alaska Airlines Pilot's Military Leave Benefits Suit Trimmed

    A Seattle federal judge has narrowed a pilot's class action accusing Alaska Airlines of denying employees sick leave and vacation accrual during military leave, while recognizing in the same Thursday order that a "reasonable jury" could find service members are entitled to certain benefits during absences spanning one to two months.

Expert Analysis

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.