Wage & Hour

  • January 16, 2026

    Jersey Shore City Didn't Pay Overtime, Ex-Worker Says

    A former city employee of Cape May, New Jersey, claims it failed to properly pay its hourly employees for working overtime, according to a proposed collective action filed in state court.

  • January 16, 2026

    Class Cert. Recommended For Nurses In Holiday Pay Case

    A group of nurses should proceed as a class in a suit accusing a healthcare company of excluding holiday premiums from their pay when they worked overtime, a Colorado magistrate judge found. 

  • January 16, 2026

    NY Forecast: 2nd Circ. Weighs Arbitration Ban In TikTok Case

    This week, the Second Circuit will consider TikTok's bid to overturn a federal judge's decision keeping a former executive's age and gender bias suit in court instead of sending it to arbitration.

  • January 16, 2026

    Aviation Co. Got OT Math Wrong, Air Traffic Controller Claims

    An aviation company failed to factor into air traffic controllers' regular rate of pay shift differentials, Sunday premium pay and other additional forms of compensation, according to a proposed collective action in Oklahoma federal court.

  • January 15, 2026

    NC Attys Can Withdraw From 'Unworkable' Nurses' Pay Row

    Two attorneys who said they had "irreconcilable differences" with nurse practitioners who did not meet their contractual financial obligations can withdraw their representation in a minimum wage lawsuit against their employer, a North Carolina federal magistrate judge ruled.

  • January 15, 2026

    Murphy's Legacy: How The Governor Reshaped NJ Business

    As Democrat Phil Murphy concludes his second term as governor, New Jersey's economy reflects a mix of lasting reforms, pandemic‑era scars and regulatory shifts that continue to shape how businesses operate and workers are protected in the Garden State.

  • January 15, 2026

    GEO Group Urges Justices To Pick Up Wage Immunity Case

    The Ninth Circuit ignored intergovernmental immunity when it ruled that the GEO Group needed to follow Washington's minimum wage to pay detainees in a voluntary work program, the private prison operator told the U.S. Supreme Court, urging the justices to weigh in.

  • January 15, 2026

    4th Circ. Axes Distributor Wage Suit That Went To High Court

    The Fourth Circuit has dismissed a lawsuit accusing an international food distributor of unpaid overtime, almost a year to the day the U.S. Supreme Court held in the case that the Fair Labor Standards Act's exemptions do not call for heightened evidence standards, according to a court filing.

  • January 15, 2026

    Co. Withheld Bonuses, Retaliated Against Worker, Suit Says

    A global renewable energy company held on to employees' bonuses and retaliated against a worker who questioned his salary and asked for disability accommodations, according to an individual and proposed class action filed in Colorado state court.

  • January 15, 2026

    Ambulance Co. Will Pay $225K To Settle OT Suit

    An Illinois ambulance services company will pay $225,000 to end a suit alleging it violated wage law by only paying employees overtime when they worked more than 80 hours in a two-week period, according to a federal judge's order approving the deal.

  • January 14, 2026

    Office Depot Spars Over Class Cert. In Wash. Pay Scale Suit

    Office Depot LLC and a plaintiff accusing the company of violating a Washington state pay-transparency law clashed over class certification in separate motions in Seattle federal court, with the office supply giant attacking the proposed class as "unidentifiable and uncertifiable."

  • January 14, 2026

    Justices Leave In Place 4 Collective Certification Approaches

    The U.S. Supreme Court’s decision not to review a standard the Seventh Circuit recently established for issuing notice in collective actions left intact a landscape in which there are now four different processes. Here, Law360 explores the various tests.

  • January 14, 2026

    Trader Joe's Inks $750K Deal In Philly 'Fair Workweek' Suit

    Trader Joe's will pay $750,000 to resolve class claims from workers that it violated a Philadelphia ordinance requiring employers to give workers a fair and predictable work schedule, according to a recent filing.

  • January 14, 2026

    Worker Wants To Keep Wage Suit Against Walmart Alive

    A former Walmart employee said he has properly supported his wage and hour violation claims against the retail giant, urging a Washington federal court not to dismiss his proposed class and collective action.

  • January 14, 2026

    Ford Wants Out Of EV Battery Plant Wage Suit

    Ford Motor Co. urged a Michigan federal court to toss a proposed class and collective action accusing the company of stiffing workers on their full wages at an electric vehicle battery plant in Kentucky, saying the named plaintiff failed to establish Ford was his employer.

  • January 14, 2026

    Uber, DoorDash Drivers Lost $550M In Tips, NYC Says

    UberEats and DoorDash rolled out design tricks after New York City implemented a minimum pay standard for food delivery workers that has led to workers losing $550 million in tips, the New York City Department of Consumer and Worker Protection said.

  • January 14, 2026

    4th Circ. Keeps Butterball's Win In Wage Dispute

    A Butterball turkey catcher cannot revive his wage and hour claims because he was a piece-rate employee, the Fourth Circuit has ruled, agreeing with a North Carolina federal court that his state and federal law claims couldn't stand.

  • January 14, 2026

    Southwest Workers Nab Collective Cert. In NY Late-Pay Suit

    Baggage and cargo handlers can move forward as a collective in their suit claiming Southwest Airlines paid them twice a month instead of weekly, a New York federal magistrate judge ruled, finding that they were subject to a common policy that violated federal wage law.

  • January 13, 2026

    Ill. Justices Mull COVID Screening Pay Under State Law

    The Illinois Supreme Court should leave decades of understanding surrounding the statutory term "workweek" intact and rule that the state's minimum wage law incorporates federal limitations on compensable preliminary activities, as finding otherwise would revive a short-lived overtime regime Congress considered "disastrous," Amazon argued Tuesday.

  • January 13, 2026

    Flight Attendants Slam United's Arbitration Bid in Wage Suit

    Two current and former United Airlines flight attendants urged a New Jersey federal court not to toss their proposed class action claiming that the airline only pays them for the time they spend flying, arguing that their claims can be resolved without interpreting the terms of the airline's collective bargaining agreement.

  • January 13, 2026

    Workers Seek $126M In Seattle Hospital System Wage Row

    Seattle-area hospital system Swedish Health Services should shell out about $126 million to settle wage violations, after a state court found that the system failed to provide a second meal break on longer shifts and that its rounding practices led to unpaid wages, the workers said.

  • January 13, 2026

    Ill. Judge Suggests Win For Cannabis Cashier In Wage Suit

    A federal magistrate judge recommended a win for a former cashier for an Illinois bakery that sells cannabis products, finding that the employer failed to respond to the entry of default, effectively admitting to overtime and tip violations under federal and state law.

  • January 13, 2026

    North Carolina County Tells 4th Circ. It Didn't Underpay EMTs

    A North Carolina federal court correctly ruled that a North Carolina county didn't owe damages to EMS workers because their pay structure included both straight time and overtime, but erred in concluding the county violated federal wage law, the county told the Fourth Circuit.

  • January 13, 2026

    Firm Can't Shake Legal Assistant's Pregnancy Bias Suit

    A legal assistant's suit accusing a New Mexico-based personal injury law firm of forcing her to resign she disclosed her pregnancy will head to trial to determine whether there were multiple contracts at stake, a federal magistrate judge said.

  • January 13, 2026

    Celebrity-Owned NY Entertainment Venue Hit With Wage Suit

    A New York City sports and entertainment venue owned by Tiger Woods and Justin Timberlake improperly relied on a tip credit, kept a portion of employees' gratuities and paid overtime at the wrong rate, according to a proposed class and collective action filed in New York federal court.

Expert Analysis

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • 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.