Wage & Hour

  • March 06, 2026

    CSX Wraps Up Conductor's Suit Over FMLA Attendance Policy

    CSX Transportation Inc. has resolved a conductor's lawsuit claiming the railroad giant discourages workers from using family and medical leave and punishes those who take time off to care for their health and loved ones, according to a filing in North Carolina federal court.

  • March 06, 2026

    Energy Co. Misclassified Workers As OT-Exempt, Suit Says

    A Georgia-based oil and gas infrastructure firm was hit with a proposed collective action Thursday by a former employee who said the company deliberately misclassified maintenance workers as independent contractors to avoid paying them overtime rates.

  • March 06, 2026

    Eateries Settle Service Charge Dispute With Mass. AG

    Two downtown Boston restaurants will pay a total of around $422,000 to resolve administrative complaints that alleged they failed to distribute proceeds from a service fee to employees as required by the Massachusetts Wage Act, the state attorney general's office announced Friday.

  • March 06, 2026

    Calif. Forecast: Insulators Union Seeks Toss Of Labor Dispute

    In the next week, attorneys should keep an eye out for arguments over an insulators union's attempt to dismiss a suit alleging labor law violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 06, 2026

    Nurses' Holiday Pay Suit Against Health System Trimmed

    A Colorado healthcare company will not face nurses' claims under state minimum-wage law alleging it miscalculated overtime wages, as a federal judge adopted a report concluding the statute does not cover "'pure overtime'" disputes when employees were paid at least the required minimum, court records show.

  • March 06, 2026

    Wash. High Court Won't Hear Co.'s Arbitration Pact Appeal

    Washington state's highest court won't review a decision finding a logistics company imposed an unconscionable arbitration pact on two workers who lodged wage and hour claims against the company, according to a court filing.

  • March 05, 2026

    Grubhub's $24.8M Deal To End Driver Fight Nears Initial OK

    A California federal judge told counsel during a hearing Thursday that Grubhub Inc.'s revised $24.75 million settlement to resolve claims it misclassified drivers as independent contractors is "getting closer," but she held off on preliminarily approving the deal and told counsel they must "clean up" aspects of the class notice.

  • March 05, 2026

    JBS Seeks Dismissal Of Haitian Workers' Bias Claims

    Meatpacking giant JBS USA and one of its subsidiaries have asked a Colorado federal judge to dismiss the amended complaint brought by three Haitian nationals in a proposed class action accusing the company of race-based discrimination.

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    DOL Joint Employer Rule Likely To Look Familiar, Attys Say

    Attorneys expect the U.S. Department of Labor will seek to return to a Fair Labor Standards Act joint employer test from President Donald Trump's first term, as the National Labor Relations Board has now done for joint employment under federal labor law.

  • March 05, 2026

    Delta Evades OT Class Action Over Shift Swap Policy

    Delta Air Lines defeated Thursday a proposed class action in Georgia federal court that alleged the airline unlawfully withheld increased pay for overtime hours that resulted from workers swapping shifts with each other. 

  • March 05, 2026

    'The Dude Abides' Cannabis Chain Accused Of Tip Theft

    A worker for a group of Michigan-based marijuana dispensaries named for a line in the cult classic film "The Big Lebowski" has accused managers of taking an overly laid-back approach to tip regulations in a new federal lawsuit.  

  • March 05, 2026

    5th Circ. Upholds $919K Fee Award In Overtime Suit

    The Fifth Circuit upheld an award of $919,000 in attorney fees to hospital employees who won an overtime pay dispute with Texas health providers, ruling Thursday that the lower court reasonably reduced a request for more than $3 million in fees.

  • March 05, 2026

    Ex-Software Engineer Hits Coca-Cola Bottler With FMLA Suit

    A software engineer has sued Coca-Cola Consolidated Inc. in North Carolina federal court, alleging the company fired him one day after he applied for leave under the Family and Medical Leave Act.

  • March 05, 2026

    Call Center Settles Worker Misclassification Suit

    A call center company has agreed to settle a proposed class and collective action accusing it of misclassifying workers as independent contractors rather than employees, the call center workers and the company told a Florida federal court.

  • March 05, 2026

    O'Reilly To Pay $5.6M To Settle Wash. Pregnancy Bias Suit

    O'Reilly Auto Parts will pay $5.6 million to resolve claims that it failed to provide reasonable workplace accommodations to pregnant and postpartum workers and retaliated against them, the Washington Attorney General's Office announced. 

  • March 04, 2026

    9th Circ. Spurns Uber's Bid To Halt Seattle Gig Worker Law

    A divided Ninth Circuit panel on Wednesday rejected Uber and Instacart's attempt to block a Seattle law regulating deactivation of app-based worker accounts, rejecting the companies' contention that the ordinance amounts to a First Amendment violation.

  • March 04, 2026

    6th Circ. Backs Tenn. Med School In FMLA Retaliation Suit

    A former medical resident cannot revive his lawsuit claiming a Tennessee medical school suspended him for taking leave under the Family and Medical Leave Act, the Sixth Circuit ruled this week, finding he failed to show the school's explanation for the discipline was a pretext for retaliation.

  • March 04, 2026

    NYC Wants To Nix Uber, DoorDash Challenge To Tipping Laws

    Two New York City laws regulating how online platforms must display tipping options don't impinge on the companies' First Amendment rights, the city told a New York federal court, urging it to toss a challenge to the laws brought by Uber and DoorDash.

  • March 04, 2026

    7th. Circ. Upholds Healthcare Co.'s Win In FMLA Suit

    The Seventh Circuit affirmed a healthcare company's win in a former human resources specialist's Family and Medical Leave Act suit, holding that the health system lawfully terminated her for failing to return to work once her approved leave expired.

  • March 04, 2026

    Kiosk Workers At Targets Can't Snag Class Cert. In Wage Row

    Workers at Target cellphone kiosks cannot obtain class certification in their wage and hour suit against a sales company because one of the plaintiffs held a supervisory role and may have been involved in implementing the rest-break policies challenged in the case, a California federal judge ruled.

  • March 04, 2026

    USPS Skirted OT By Deducting Meal Breaks, Court Told

    The U.S. Postal Service shorted mail carriers on overtime pay by automatically deducting meal breaks they often didn't take, according to a proposed class and collective action filed in D.C. federal court.

  • March 03, 2026

    Ye's Ex-Worker 'Not Sure' Of Own Declaration In Wages Trial

    A construction project manager suing Ye for retaliation and unpaid wages after he was fired from working at the rapper's Malibu home testified in a Los Angeles courtroom Tuesday that he's "not sure" if someone else signed a declaration filed under his name in the case.

  • March 03, 2026

    Texas Eatery's 'Fatal' Shortfall Advances Servers' Tip Case

    A Texas federal judge ruled Tuesday that a Fort Worth restaurant illegally took a $1-per-shift fee directly from every server's tips and failed to show the tip pool was distributed solely among eligible employees, in violation of the Fair Labor Standards Act.

  • March 03, 2026

    Cable Technicians Say Telecom Cos. Misclassified Them

    Three telecommunications companies misclassified their cable technicians as independent contractors, leading to minimum wage and overtime violations, according to a proposed class action filed in Virginia federal court Tuesday.

Expert Analysis

  • What Employers Should Know Ahead Of H-2B Visa Changes

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    Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.

  • Int'l Athletes' Wages Should Be On-Campus Employment

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    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

  • 4 Trends Responsible For Declining FLSA Filings

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    In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • A Closer Look At Amendments To Virginia Noncompete Ban

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    Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.

  • Maximizing Employer Defenses After Calif. Meal Waiver Ruling

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    A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • What The Minimum Wage Shift Means For Gov't Contractors

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    While President Donald Trump's recent executive order rescinding a 2021 increase to the federal contractor minimum wage is welcome relief to some federal contractors and settles continued disagreement about its legality, there remains significant uncertainty and pitfalls over contractor wage obligations, say attorneys at Polsinelli.

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.