Wage & Hour

  • 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.

  • February 05, 2026

    Harvesting Co. To Pay $6.1M To Settle Calif. Wage Suit

    A California-based harvesting company and related entities will pay over $6.1 million for failing to tell farmworkers about their paid sick leave options and stiffing them on their full wages, the California Labor Commissioner's Office has said.

  • February 05, 2026

    Cos.' Per Diem Pay Scheme Costs Workers OT, Suit Says

    An energy infrastructure company and a construction company underpaid workers by treating part of their compensation as per diem payments excluded from overtime calculations, a worker said in a proposed collective action filed in Virginia federal court.

  • February 05, 2026

    Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule

    Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.

  • February 04, 2026

    Coal Miner Accuses Colorado Energy Co. Of FLSA Violations

    A Kentucky coal miner accused a Colorado energy company in a proposed collective action Wednesday of violating the Fair Labor Standards Act by forcing employees to work more than an hour of overtime every workday without pay.

  • February 04, 2026

    Calif. Justices' Arbitration Pact 'Illegibility' Ruling A Warning

    The California Supreme Court's holding that courts should scrutinize difficult-to-read arbitration agreements but that "illegibility" does not render their substance so unfair as to make them unjust should remind employers to be careful with such pacts in wage and hour disputes, attorneys said.

  • February 04, 2026

    Migrant Workers' Notice Approved In H-2A Wage Suit

    A Louisiana federal judge authorized notice to be sent to H-2A sugar cane workers who may be owed unpaid overtime on Tuesday, allowing them to opt in to a proposed Fair Labor Standards Act collective action against two companies.

  • February 04, 2026

    Pet Treat Maker, Ex-Workers Score OK For $975K Wage Deal

    An Illinois federal judge preliminarily approved a $975,000 settlement to resolve a proposed class and collective action alleging a pet product manufacturer failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to a court filing.

  • February 04, 2026

    Calif. Opens Pay Data Reporting Portal For Large Cos.

    The California Civil Rights Department has opened its portal for employers with 100 or more employees to report pay data from 2025, the agency announced.

  • February 04, 2026

    NY Drivers Say Uber Misclassifies Them As Contractors

    Uber misclassifies drivers in New York as independent contractors, leading to unpaid wages and a lack of reimbursement for car-related expenses, two workers claim in a proposed class action filed in federal court.

  • February 04, 2026

    Restaurant Can't Include Morning Staff In Tip Pool, Court Says

    A steakhouse chain violated tip credit rules by including morning-shift employees in its tip pool even though they worked primarily while the restaurant was closed to guests, a Colorado federal judge has ruled, finding those workers were not "customarily and regularly tipped" because their customer interaction was minimal.

Expert Analysis

  • 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.

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.

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    The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Navigating Court Concerns About QR Codes In FLSA Notices

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    As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.