Wage & Hour

  • March 23, 2026

    NC Justices Split On Wage Act Elements In Earth Fare Appeal

    North Carolina's highest court has upheld a six-figure unjust enrichment verdict favoring the founder of the organic supermarket chain Earth Fare in a split decision that set off a debate among the justices about what is required to prove a state Wage and Hour Act claim.

  • March 23, 2026

    Reed Smith Pushes To Continue Atty Depo In NJ Bias Suit

    Reed Smith LLP is urging a New Jersey state trial court to allow it to resume its deposition of a former attorney suing it for gender discrimination years after the last deposition date in the wake of an appeals court decision widely expanding the scope of discovery.

  • March 23, 2026

    Akin Brings On Munger Tolles Employment Ace In LA

    Akin Gump Strauss Hauer & Feld LLP announced Monday that it has brought on a former Munger Tolles & Olson LLP partner in Los Angeles to bolster its capacity to handle labor and employment matters.

  • March 23, 2026

    Co. Denied Denver Airport Workers Screening Pay, Suit Says

    An airport services company failed to pay employees at Denver International Airport for off-the-clock tasks, including time spent undergoing mandatory security screenings, according to a proposed class action filed in state court.

  • March 23, 2026

    Chicken Grower's Federal Wage Claims Against Perdue Axed

    A Perdue Foods chicken farmer who claimed he was misclassified as an independent contractor filed his federal wage claims too late, a Georgia federal judge ruled, while allowing portions of his state law claims to proceed.

  • March 23, 2026

    Fiat Chrysler Agrees To Pay $3.8M In OT Math Case

    Fiat Chrysler has agreed to pay approximately $3.8 million to about 68,000 workers to settle a suit in Michigan federal court accusing it of not including shift differentials and nondiscretionary bonuses in production employees' pay.

  • March 20, 2026

    Facilities Manager Must Face Immigrants' Forced Labor Case

    CGL Irwin Properties LLC must face a lawsuit brought by former detainees of a Georgia immigration detention center who alleged they were forced to work for the private prison company for as little as $1 a day, a federal judge said Friday.

  • March 20, 2026

    Up Next At High Court: Late Ballots And 'Last-Mile' Drivers

    The U.S. Supreme Court will kick off its March oral arguments session by reviewing disputes over the validity of state laws allowing late-arriving mail-in ballots to be counted in federal elections and whether "last-mile" delivery drivers qualify for the transportation worker exemption to the Federal Arbitration Act. 

  • March 20, 2026

    4th Circ. Backs AstraZeneca In Fired Manager's Pay Bias Suit

    The Fourth Circuit refused on Friday to revive a suit from a former AstraZeneca manager who said she was terminated for complaining that male colleagues were paid more, saying that her retaliation claims hinged on "speculation" and that the men she compared salaries with worked for a different division of the company.

  • March 20, 2026

    Ill. High Court Ruling Expected To Further Fuel Wage Claims

    Workers are likely to continue the trend of bringing lawsuits seeking pre- and post-shift compensation under state wage and hour statutes now that Illinois' high court has ruled that its law doesn't incorporate federal exemptions freeing employers from paying for such work, attorneys said.

  • March 20, 2026

    NY Forecast: Approval Of Care Workers' Class Settlement

    A New York federal judge will consider on Tuesday whether to grant final approval to a $300,000 settlement in a class and collective action accusing a healthcare company of violating federal and state wage and hour laws. Here, Law360 looks at this and other matters coming up on the docket in New York.

  • March 20, 2026

    Battery Maker Accused Of Pro-Korean Pay Bias At Ga. Plant

    A battery company has been slapped with a proposed class action by three supervisors at a Georgia manufacturing facility who claim they were retaliated against for opposing discriminatory pay practices that benefit Korean managers over American ones.

  • March 20, 2026

    9th Circ. Kicks Software Salesperson's Bias Suit To Arbitration

    A medical software company won't have to face a fired salesperson's disability and age bias claims in court, after the Ninth Circuit ruled that a severability clause in an arbitration agreement didn't nullify language saying questions about the pact's validity should be decided by an arbitrator.

  • March 20, 2026

    White House Pushes Congress To Override State AI Laws

    The White House directed Congress to preempt "burdensome" state laws on artificial intelligence in a legislative framework released Friday.

  • March 20, 2026

    2nd-Try Senate Bill Seeks Min. Wage For Workers Behind Bars

    Sen. Cory Booker, D-N.J., reintroduced a bill that would allow incarcerated workers to receive the minimum wage under the Fair Labor Standards Act, a push that the senator said would end "exploitative practices in correctional facilities."

  • March 20, 2026

    Calif. Forecast: Full 9th Circ. To Hear Unions' Work Dispute

    In the next week, attorneys should keep an eye out for Ninth Circuit en banc oral arguments in a jurisdictional dispute involving two unions, the National Labor Relations Board and the precedent known as Kinder Morgan. Here's a look at that case and other labor and employment matters coming up in California.

  • March 20, 2026

    Ariz. Trucking Co. Owes Drivers Unpaid OT, Court Told

    An Arizona trucking company shorted drivers on overtime pay by deducting time from the hours they spent conducting vehicle inspections and repairs before and after their trips, according to a proposed collective action filed in Arizona federal court.

  • March 20, 2026

    DOL Contractor Rule Might Have Little Grip On Gig Apps

    The nation's highest court's rejection of a doctrine calling for judges to defer to federal agencies will likely mute any impact that a proposed U.S. Department of Labor independent contractor has on app-based companies like Uber, according to wage and hour attorney Shannon Liss-Riordan of Lichten & Liss-Riordan PC. Here, Liss-Riordan speaks with Law360 about how the proposed rule will affect app-based companies.

  • March 19, 2026

    Chan Zuckerberg Initiative Hit With Gender Bias Action

    The Chan Zuckerberg Initiative LLC run by Meta Platforms Inc. CEO Mark Zuckerberg and his wife Priscilla Chan discriminated against women by routinely paying them less than men and promoting them with less frequency, according to a proposed class and collective action removed Wednesday to California federal court.

  • March 19, 2026

    Trucking Co. Can't Get Drivers' Misclassification Suit Tossed

    An Illinois federal judge on Thursday declined to dismiss a suit from drivers alleging Risinger Bros. Transfer Inc. misclassified them as independent contractors, saying the complaint sufficiently alleges they had an employer-employee relationship.

  • March 19, 2026

    Judge Certifies Military Reservist Class In Differential Pay Suit

    A U.S. Court of Federal Claims judge certified a class of military reservists who sued the U.S. government to recover the difference between active duty pay and pay received for their federal civilian jobs, finding there are enough reservists with common claims.

  • March 19, 2026

    Judge Quashes Subpoena Of 5 Firms That Repped Twitter

    A Delaware federal court ruled Thursday that six former Twitter employees cannot subpoena five law firms that represented the social media company in connection with its acquisition by Elon Musk, rejecting the employees' "conclusory allegations" that the company and Musk used the firms to make false promises of severance benefits.

  • March 19, 2026

    $30K Wage Settlement Too Vague To Approve, Judge Says

    An Ohio federal judge rejected a proposed $30,000 settlement to a wage and hour suit against a group of home care staffing agencies Thursday, saying the settlement paperwork isn't clear enough to determine whether the deal is fair.

  • March 19, 2026

    Adult Webcam Performers Certified As Conn. Wage Class

    Performers accusing an adult livestreaming site of misclassifying them as independent contractors and underpaying them can proceed as a class, a federal judge has ruled, and attorneys with McOmber McOmber & Luber PC and Hayber McKenna & Dinsmore LLC will serve as class counsel.

  • March 19, 2026

    Del. High Court Revives Banker's Pay Claims Against Firm

    The Delaware Supreme Court has revived key claims brought by a former investment firm banker, ruling that a lower court went too far in blocking his case based on earlier findings that he was not a partner at the firm.

Expert Analysis

  • What To Know About DOL's New FLSA, FMLA Opinion Letters

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    The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.

  • 5 Action Steps For Employers Facing 27 Pay Periods In 2026

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    In 2026, some employers may have 27 pay periods, instead of the usual 26, which can cause budgeting and compliance headaches, particularly for salaried employees, but there is still time to develop a strategy to avoid payroll compliance problems, say attorneys at Fisher Phillips.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Examining Privilege In Dual-Purpose Workplace Investigations

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    The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.

  • 3 Defense Strategies For Sporadically Prosecuted Conduct

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    Not to be confused with selective prosecutions, sporadic prosecutions — charging someone for conduct many others do without consequences — can be challenging to defend, but focusing on materiality, prosecutorial motivations and public opinion can be a winning strategy, says Jonathan Porter at Husch Blackwell.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • Previewing Justices' Driver Arbitration Exemption Review

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    The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.

  • 11th Circ. Ruling Stresses Economic Reality In Worker Status

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    The Eleventh Circuit's recent worker classification decision in Galarza v. One Call Claims, reversing a finding that insurance adjusters were independent contractors, should remind companies to analyze the actual working relationship between a company and a worker, including whether they could be considered economically dependent on the company, say attorneys at Ogletree.

  • Class Actions At The Circuit Courts: December Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses recent rulings and identifies practice tips from cases involving securities, takings, automobile insurance, and wage and hour claims.

  • Handbook Hot Topics: An Employer-Friendly Shift At NLRB

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    As the National Labor Relations Board is expected to shift toward issuing more employer-friendly decisions, employers should still monitor NLRB trends concerning handbook policies before making substantial changes to protocol and continue to align policies with employees' rights under the National Labor Relations Act, say attorneys at Kutak Rock.

  • 5 Bonus Plan Compliance Issues In Financial Services

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    As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.

  • How To Prepare If Justices Curb Gov't Contractor Immunity

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    Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

  • A Look At State AGs' Focus On Earned Wage Products

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    Earned wage products have emerged as a rapidly growing segment of the consumer finance market, but recent state enforcement actions against MoneyLion, DailyPay and EarnIn will likely have an effect on whether such products can continue operating under current business models, say attorneys at Quinn Emanuel.