Wage & Hour

Expert Analysis

• Class Actions At The Circuit Courts: July Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

• What To Know If DOL Raises Overtime Salary Floor

  

  With the U.S. Department of Labor recently rescinding a 2024 rule that increased the minimum salary for the Fair Labor Standards Act's overtime exemptions, employers should assess how a future increase would affect their workforce, paying particular attention to job duties requirements and state laws, says James Coleman at Constangy.

• DOL Deal Offers FMLA Lesson On Handling Intermittent Leave

  

  The U.S. Department of Labor's recent deal with the University of Tennessee paying an employee over $30,000 for alleged violations of the Family and Medical Leave Act offers lessons about responding to intermittent leave requests, avoiding forced resignations and providing required notices, says Jason Knott at Zuckerman Spaeder.

• Flashpoints In Focus: Handling Religious Objections To AI Use

  

  Pope Leo XIV's recent warning about artificial intelligence may increase requests for religious exemptions from workplace AI use, so employers must be prepared to understand the request's scope, determine whether the employee has a religious conflict and distinguish reasonable accommodations from undue hardship, say attorneys at Seyfarth.

• Examining 3 Notable DOL Moves In The First Half Of 2026

  

  With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

• Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

  

  The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

• Defending Against Remote Work Risks During The World Cup

  

  With World Cup matches underway, remote work policies and security measures can help employers manage the risks of employees working from sports arenas and other nontraditional locations, including hours-worked compliance, network security and data protection, says Lisa Burton at Ogletree.

• How PAGA Proposal Could Expand Calif. Labor Agency's Role

  

  The California Labor and Workforce Development Agency's recently proposed regulations governing the Private Attorneys General Act signal a more structured and agency-driven enforcement approach, so risk management will depend on employers' ability to evaluate opportunities for effectuating a cure and navigate a more active administrative process, say attorneys at Lathrop.

• 3 New Pay Transparency State Laws Raise Compliance Risks

  

  Wage transparency measures taking effect in Delaware, Maine and New Jersey add a layer of complexity to the hiring landscape and highlight the need for employers to develop thorough compliance strategies while navigating the laws' ambiguities, say attorneys at Foley & Lardner.

• What's Next After Justices' Last-Mile Driver Arbitration Ruling

  

  The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

• 7 Ways Va. Employers Can Prep For New Noncompete Limits

  

  As of July 1, Virginia noncompete agreements with employees fired without "cause" must provide "severance benefits" — but with those key terms undefined, employers should implement several flexible but defensible compliance strategies to limit their exposure once the rule is rolled out, say attorneys at Cooley.

• Employer Tips To Prepare For Va. Family And Medical Leave

  

  With Virginia's paid family and medical leave insurance program taking effect in two years, employers should develop processes for monitoring head count, coordinating with existing federal and state leave programs, and tracking intermittent leave, say attorneys at ArentFox Schiff.

• Employer Tips For Navigating Tenn. Noncompete Law

  

  Although a new Tennessee law will limit the enforceability of noncompetes, including by categorically prohibiting them for lower-wage earners and establishing rebuttable presumptions on their duration, it also gives employers clearer guideposts for drafting enforceable agreements, say attorneys at Burr & Forman.