Wage & Hour

  • 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.

  • March 13, 2026

    2nd Circ. Won't Revive Home Care Providers' Wage Suit

    Two Connecticut residents who provided in-home care to Medicaid recipients won't get another shot at accusing two companies of wage and hour law violations, a Second Circuit panel said Friday, agreeing with a Connecticut federal judge that the pair lack standing to sue the businesses.

  • March 13, 2026

    H-2A Workers Reach $305K Deal In Wage Dispute With Farm

    Lee and Sons Farms told a North Carolina federal court it has agreed to pay $305,000 to settle claims from migrant H-2A workers who accused it of underpaying them and forcing them to buy inadequate meals.

  • March 13, 2026

    Staffing Co. Wants Pa. Court To Rethink OT Exemption Ruling

    A Pennsylvania federal court relied on the wrong standards when it ruled that TEKsystems Inc. recruiters did not perform administrative work that was overtime-exempt under the Fair Labor Standards Act, the staffing company said, adding that the court incorrectly shifted the burden of proof of overtime ineligibility to the company. 

  • March 13, 2026

    CSX Can't Get Quick Appeal In Fired Worker's FMLA Suit

    CSX can't immediately ask the Eleventh Circuit to take up a former employee's lawsuit claiming he was unlawfully fired for taking medical leave, a Florida federal judge ruled, saying the district court's conclusion that the worker hadn't waited too long to file suit wasn't eligible for a mid-case appeal.

  • March 13, 2026

    Reed Smith Is Ignoring Expanded Back Pay Window, Atty Says

    A former Reed Smith LLP attorney who claimed she was unlawfully underpaid told a New Jersey state court on Friday that the firm's bid to limit the window of time for which she's seeking damages is an attempt to roll the case back in time.

  • March 13, 2026

    Teamsters, United Slam Workers' Bid To Reopen Wage Case

    An International Brotherhood of Teamsters local has urged a California federal court not to reopen a lawsuit alleging that United Airlines and the union unlawfully reduced the wages of flight attendants, arguing that new evidence the airline employees are seeking to bring forward isn't admissible in the case.

  • March 13, 2026

    Driver Seeks Contempt Order For Trucking Co. In Wage Suit

    A trucking company has refused to provide an updated class list or confirm a proposed notice in a driver misclassification lawsuit, a former employee said in his bid to hold the company in contempt filed in Illinois federal court. 

  • March 13, 2026

    Lawn Care Co. Wants Win Against DOL's H-2B Fines Power

    The U.S. Department of Labor couldn't impose more than $160,000 in unpaid wages and civil penalties on a lawn care services company and a related entity for what the agency alleged were violations of the H-2B program, the companies told a Pennsylvania federal court.

  • March 13, 2026

    Shipping Co. To Reclassify Drivers In $7M Settlement With NJ

    A shipping company agreed to pay $7 million and reclassify its delivery drivers as employees to resolve findings that it improperly treated more than 1,000 drivers as independent contractors, the New Jersey attorney general's office said.

  • March 13, 2026

    Calif. Forecast: Meta Wants Out Of Whistleblower Suit

    In the next week, attorneys should watch for a hearing on a motion to dismiss a whistleblower retaliation suit against Meta. Here's a look at that case and other labor and employment matters on deck in California.

  • March 13, 2026

    NY Forecast: Judge Weighs Tossing Fired Teacher's Bias Suit

    This week, a New York federal judge will consider the New York City Department of Education's effort to dismiss a former teacher's suit claiming she faced a hostile work environment and discrimination from school leadership due to an anxiety disorder.

  • March 12, 2026

    DOJ Wants Morgan Stanley, DOL Opinion Dispute Tossed

    The U.S. government has moved to dismiss a suit from former Morgan Stanley financial advisers challenging a U.S. Department of Labor advisory opinion that said the bank's deferred compensation plans likely aren't covered by federal benefits law, with the advisers responding by saying the agency's finding is hurting them because the bank is using it in arbitration proceedings.

  • March 12, 2026

    Amazon, Workers Clash Over Security Pay At 2nd Circ.

    Amazon and a group of warehouse workers sparred in letters to the Second Circuit over the impact a recent Connecticut Supreme Court ruling has on whether employees must be paid for time spent exiting company warehouses.

  • March 12, 2026

    Harrah's, Resorts Dealer Joins Atlantic City Tip Pool Suit Blitz

    Two more casinos were hit with proposed class and collective actions in New Jersey federal court by a dealer who alleges the Atlantic City-based casinos paid less than minimum wage to tipped employees and illegally required them to pool tips.

  • March 12, 2026

    SC Judge Won't Halt DOL H-2A Action Against Farming Co.

    A South Carolina federal judge has declined to block a U.S. Department of Labor administrative enforcement action accusing a farming company of underpaying foreign agricultural workers, finding the employer failed to show it was likely to succeed on its constitutional claims or face irreparable harm.

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.