Wage & Hour

  • May 07, 2026

    Catering Co. Misclassified Delivery Drivers, Suit Says

    Delivery drivers for a catering platform were misclassified as independent contractors and denied minimum wages and overtime pay, according to a proposed class action in California state court.

  • May 07, 2026

    NJ's ABC Test Rule Is Scaled Down But Still Burdensome

    New Jersey's highly anticipated final rule codifying a three-prong ABC test doesn't contain some of the more controversial aspects of its proposed version but will still make it harder for businesses to classify workers as independent contractors, attorneys said.

  • May 07, 2026

    Child Support Debtors Get Prison Work Pay Class Certified

    Former inmates at the Lackawanna County Prison who worked at a county recycling center for just $5 per day can get their long-running lawsuit certified as a class action, albeit only for inmates who had been incarcerated solely because of missing child support payments, a Pennsylvania federal judge ruled Wednesday.

  • May 07, 2026

    AstraZeneca Reps Fight To Keep Opt-Ins In Pay Bias Suit

    Female pharmaceutical sales representatives in an AstraZeneca equal pay suit have urged an Illinois federal court to reject the company's bid to dismiss two dozen opt-in plaintiffs for refusing discovery, saying the women feared retaliation and career consequences.

  • May 07, 2026

    Va. Judge Seeks More Info On Law Firm Wage Deal's Fees

    A Virginia federal judge declined to approve a proposed $52,500 settlement of a former case manager's lawsuit alleging that a law firm stiffed her on overtime, saying Thursday that the parties failed to provide enough information related to attorney fees and costs.

  • May 07, 2026

    New PBGC Amicus Program Offers Input On Important Cases

    Litigants involved in benefits cases that involve novel or significant pension-related issues can now ask the Pension Benefit Guaranty Corp. to lodge briefs shedding light on their disputes, the PBGC announced Thursday.

  • May 07, 2026

    5th Circ. Agrees To Toss Appeal In Overtime Rule Challenge

    The Fifth Circuit agreed Thursday to toss an appeal challenging a Biden-era overtime rule in a suit brought by a Texas marketing company against the U.S. Department of Labor.

  • May 06, 2026

    Safeway Hit With Wash. Break Pay, OT Suit

    Safeway Inc. broke Washington state law by denying employees required meal and rest breaks and failing to adequately compensate them for missed or interrupted breaks, a former worker has claimed in a proposed class action filed in King County Superior Court.

  • May 06, 2026

    2nd Circ. Ruling Will Restrict Where Workers Bring Collectives

    More workers will need to limit putative wage and hour collective actions to a single state or seek to bring a wider action where their employer is based or primarily does business, after the Second Circuit joined others in barring out-of-state workers from joining collective actions, attorneys said.

  • May 06, 2026

    Buffalo Exchange Defeats Damages Bid In NY Paycheck Row

    Buffalo Exchange's New York employees can't collect liquidated damages on their claim that the company unlawfully issued paychecks biweekly instead of weekly, a New York federal judge ruled Wednesday, saying workers can't seek damages when their employer pays them semimonthly and hasn't violated the state's paycheck timing rule before.

  • May 06, 2026

    NJ Finalizes ABC Test Rule For Independent Contractor Status

    New Jersey adopted regulations codifying a test for determining whether workers are employees or independent contractors, establishing a classification framework set to take effect Oct. 1, the state has announced.

  • May 06, 2026

    Target Workers Fight Walking-Time Suit Dismissal Bid

    Target warehouse workers urged a Washington federal judge to reject the retailer's bid to dismiss a proposed class action claiming employees weren't paid for time spent walking inside a distribution center before and after shifts, arguing they plausibly alleged they were on duty during that time.

  • May 06, 2026

    BofA Can Shield OT Docs In Mortgage Officers' Suit

    A North Carolina federal judge has sided with Bank of America in a discovery dispute over documents the bank withheld as privileged in a mortgage loan officers' overtime lawsuit, finding the materials were part of a protected legal review process.

  • May 06, 2026

    Judge Approves $2.25M Walmart Wage Deal On Third Try

    A decade-long wage lawsuit against Walmart has come to a close after a California federal judge granted final approval of a $2.25 million class action settlement that includes claims under California's Private Attorneys General Act.

  • May 06, 2026

    DOL, OT Rule Challenger Ask 5th Circ. To Toss Case

    A Texas marketing company and the U.S. Department of Labor asked the Fifth Circuit to toss an appeal challenging a Biden-era overtime rule, according to a joint filing Tuesday.

  • May 05, 2026

    Mental Health Leave Requests Are Rising, Survey Says

    Top corporate legal officers and executives are seeing a significant influx of leave and accommodation requests tied to workers' mental health, and an uptick in requests for pregnancy-related job modifications, according to a survey released Wednesday by Littler Mendelson PC.

  • May 05, 2026

    Papa John's Workers Defend No-Poach Deal From Objections

    Papa John's employees are continuing to push a Kentucky federal court to approve a $5 million settlement for the pizza chain's past use of "no-poach" provisions in its franchise agreements, saying a handful of newly discovered objections offer no reason to reject the deal.

  • May 05, 2026

    Hockey Players Urge 9th Circ. To Revive U.S. Antitrust Claims

    A U.S. federal court erroneously ruled that federal antitrust law did not apply in a case involving Canada-based hockey leagues and teams, players hoping to revive their suit alleging mistreatment by the developmental leagues told the Ninth Circuit on Monday.

  • May 05, 2026

    Energy Firm Accused Of Stiffing Consultants On OT

    An energy consulting firm failed to pay overtime to hourly consultants who regularly worked more than 40 hours per week on infrastructure projects across the country, according to a collective action filed Tuesday in Minnesota federal court.

  • May 05, 2026

    Top PAGA Atty Talks Calif.'s Proposal To Curb Frequent Filers

    California’s proposed rule for punishing “vexatious filers” of Private Attorneys General Act notices isn’t clear enough about the state workforce agency’s oversight plans, said Elizabeth Parker-Fawley of Lawyers for Justice. She spoke with Law360 about the firm’s PAGA strategy, the 2024 amendment and the regulation.

  • May 05, 2026

    Ogletree Adds Ex-Jackson Lewis Labor Pro In Boston

    A former equity principal from Jackson Lewis PC with nearly three decades of experience representing and counseling employers on labor and employment issues has joined Ogletree Deakins Nash Smoak & Stewart PC as a shareholder in its Boston office, the firm has announced.

  • May 05, 2026

    4th Circ. Judge 'Uneasy' With Anheuser-Busch OT Class

    A Fourth Circuit panel seemed unlikely to leave untouched a certified class of Anheuser-Busch LLC workers alleging the brewing giant failed to pay for pre- and post-shift work, taking issue with disparities in the class such as members hired before and after COVID personal protective equipment requirements.

  • May 05, 2026

    GOP House Bill Would Cut Restricted Stock Units From OT

    Restricted stock units would be excluded from the calculation of overtime pay under federal wage law under a bill introduced by a Republican U.S. House lawmaker.

  • May 05, 2026

    DOL Says It Will Decide Biden OT Rule's Fate By End Of June

    The U.S. Department of Labor told a D.C. federal court that it will make a final call by the end of June on how it will proceed with an overtime rule issued during the Biden administration.

  • May 05, 2026

    Freight Carrier Denied Workers Breaks, OT, Suit Says

    A Washington freight carrier denied workers meal and rest breaks, failed to pay overtime and sick leave and required employees to sign unlawful noncompete agreements, a proposed class action filed in state court said.

Expert Analysis

  • 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.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • New Law May Reshape Fla. Employer Noncompete Strategy

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    With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • FLSA Interpretation Patterns Emerge 1 Year After Loper Bright

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    One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.