Wage & Hour

  • February 09, 2026

    Mich. Medical Device Co. Sued Over Calif. Employee OT Pay

    A Michigan-based medical device company was hit with a potential class action alleging the company failed to pay its quality control inspectors in California a premium overtime rate or allow them to leave the building during their breaks.

  • February 09, 2026

    Nuclear Power Workers Defend Wage-Fixing Suit

    Former nuclear power plant workers urged a Maryland federal judge not to let Constellation Energy, DTE Energy, Duke Energy, NextEra Energy and others duck a proposed class action alleging a wage-fixing conspiracy that allegedly spanned "100% of the nuclear power generation labor market."

  • February 09, 2026

    Jury Awards $41K In Legal Assistant's Pregnancy Bias Suit

    A New Mexico federal jury has awarded a former legal assistant over $41,000 in damages in her suit alleging that a personal injury law firm forced her to resign after she disclosed her pregnancy.

  • February 09, 2026

    Co. Underpaid JFK Airport Bartenders For Years, Suit Says

    An operator of bars and restaurants at John F. Kennedy International Airport underpaid employees for years by unlawfully taking a tip credit, requiring off-the-clock work and undermining seniority protections guaranteed by a labor contract, two former bartenders alleged in a proposed class and collective action filed in New York federal court.

  • February 09, 2026

    Guam Can't Appeal Military Leave Suit Loss At 9th Circ.

    A retirement fund for Guam government employees did not meet the standard for an immediate appeal of a ruling that its leave-sharing program violates federal military service protections, a federal judge ruled Monday, denying the territory's and fund's Ninth Circuit bid.

  • February 09, 2026

    Employment Group Of The Year: Seyfarth

    Seyfarth Shaw LLP's employment team locked in an arbitration win for an energy company accused of wage violations, successfully defended Seattle in a pandemic-related battle and shut down a long-running California labor code suit against Columbia Sportswear, earning the firm a place among the 2025 Law360 Employment Groups of the Year.

  • February 09, 2026

    Conn. Atty Sanctioned For Another Case Of AI Misuse

    A Connecticut labor litigator's vow to permanently cease using generative artificial intelligence tools in his practice after he allowed AI-generated errors to appear in separate but similar June filings has weighed in his favor as a Bridgeport federal judge ordered sanctions against the attorney.

  • February 06, 2026

    Starbucks Gets Mo.'s 'Speculative' DEI Bias Suit Thrown Out

    A Missouri federal judge dismissed the state's suit claiming that Starbucks' diversity policies discriminate based on race and gender, finding that its complaint is "devoid of non-conclusory and non-speculative allegations establishing any actual, concrete and particularized injuries to Missouri citizens."

  • February 06, 2026

    5th Circ. Backs Texas Farm Bureau In Ex-Manager's OT Suit

    The Fifth Circuit found Friday that a former Texas Farm Bureau agency manager failed to prove his old employer owes him overtime pay, saying the ex-employee didn't show that the Farm Bureau knew he was working overtime.

  • February 06, 2026

    Deputies Say Wayne County Flubbed Payroll System Switch

    Wayne County, Michigan, is facing a proposed class and collective action from sheriff's deputies alleging they were denied straight-time wages, overtime and earned benefits after the implementation of a new payroll system.

  • February 06, 2026

    Future Of NJ's ABC Test Unclear Amid New Governor's Freeze

    New Jersey employers should follow the state's ABC test for independent contractor classification that comes from case law while the new governor decides how to proceed with a rule her predecessor proposed to codify that test, attorneys said.

  • February 06, 2026

    Ex-President Accuses Physician AI Co. Of Fraud, Wage Theft

    A data science platform and its top brass persuaded its former chief strategy officer and president to invest $750,000 in the business, only then to not pay him wages, the former employee told a North Carolina federal court, claiming he's owed more than $430,000 in commission wages.

  • February 06, 2026

    Hard Rock NY Workers Get Conditional Cert. in Wage Suit

    Restaurant workers at eateries inside the New York City Hard Rock Hotel who accused their employer of stiffing them on pay for all hours worked, automatically deducting meal breaks and improperly managing tips can proceed as a collective, a New York federal magistrate judge ruled.

  • February 06, 2026

    NC Restaurants Say They Didn't 'Keep' Tips In DOL Wage Suit

    Two North Carolina restaurants urged a federal court Friday to narrow a U.S. Department of Labor lawsuit alleging they unlawfully kept and pooled tips from front-of-house workers and allocated the funds to tip-ineligible back-of-house employees, arguing they did not "keep" the tips by distributing them to nontipped workers.

  • February 06, 2026

    NY Forecast: Home Aides Ask For Preliminary OK Of $6M Deal

    This week, a New York federal magistrate judge will consider granting preliminary approval to a $6 million class action settlement resolving allegations from home health aides who claimed a provider did not pay them for all hours they worked during live-in shifts.

  • February 06, 2026

    FLSA Does Not Bar Claim Waivers, Wash. Judge Says

    The Fair Labor Standards Act does not categorically bar a contract's release of an employee's claims, a Washington federal judge ruled, finding that a former pharmaceutical manufacturing company worker's severance agreement that included a general release of claims precludes his wage suit.

  • February 06, 2026

    Calif. Forecast: 9th Circ. To Hear Utility District Bias Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a discrimination case against a utility district. Here's a look at that case and other labor and employment matters on deck in California.

  • February 06, 2026

    DOL Rolls Out New Minimum Wage For Federal Contractors

    The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.

  • February 05, 2026

    Tesla Applicants Fight Uphill To Keep H-1B Visa Bias Suit Alive

    A California federal judge appeared open Thursday to tossing a proposed class action alleging Tesla discriminates against American workers by favoring allegedly underpaid H-1B visa holders, telling counsel repeatedly during a hearing the allegations seem to be "speculation."

  • February 05, 2026

    Elevance Fights Nurses' '11th Hour' Class Expansion

    Health insurer Elevance told a North Carolina federal court that it should deny a former nurse's attempt to expand a class definition in her overtime-exempt misclassification lawsuit, arguing that the reworked definition would entirely upend the litigation and prejudice the insurer.

  • February 05, 2026

    DOL Must Pay Retaliation Suit Atty Fees, Farm HR Head Says

    The U.S. Department of Labor should pay attorney fees and expenses that a human resources manager at a Tennessee pork farm incurred to defend the agency's retaliation suit, the manager told a federal court Thursday, saying the department failed to investigate the claims against her before suing.

  • February 05, 2026

    Red Lobster Wants Worker's Wage Suit Sent To Arbitration

    A Red Lobster worker must pursue her Illinois wage claims in arbitration rather than federal court because she agreed to arbitrate employment disputes when she was rehired, the restaurant chain said Thursday.

  • February 05, 2026

    NYC Issues Proposed Rules On Upcoming Sick Time Changes

    The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.

  • February 05, 2026

    Aircraft Service Co. Denied OT, Full Pay, Ex-Worker Tells Court

    An aircraft services company stiffed workers on overtime and pay for all hours worked, a former employee alleged in a proposed collective action complaint filed in Texas federal court.

  • February 05, 2026

    Neuroscience Co. Withheld Wages, OT From COO, Suit Says

    A neuroscience company and a related entity paid their former chief operations officer late or not at all and cheated her out of overtime, the former executive said in a proposed class and collective action in New York federal court.

Expert Analysis

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • 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.