Wage & Hour

  • September 03, 2026

    Pa. Opens Home Care Wage Probes Covering 100K Workers

    Pennsylvania is planning to step up enforcement of wage laws for home care employees, the state's labor secretary has announced, saying these workers are particularly vulnerable to wage theft.

  • September 03, 2026

    Topgolf Settles Ga. Servers' Minimum Wage Suit

    Topgolf settled a proposed collective action accusing the chain of underpaying servers by improperly taking a tip credit, according to a Georgia federal judge's order approving the deal.

  • September 03, 2026

    Restaurant Can't Dodge Bulk Of Black Workers' Bias Suit

    A New York federal judge narrowed but declined to fully toss a suit from four Black servers who claimed that they were racially discriminated against and sexually harassed by male managers at a Mexican restaurant, ruling they presented enough evidence to show that prejudice may have plagued the workplace.

  • September 03, 2026

    Worker Says Construction Co. Fired Him Over Age, Med Leave

    A construction data and consulting firm fired an employee because he was over 40 and took time off to recover from a heart attack, according to a lawsuit filed in New Jersey state court.

  • September 03, 2026

    Ex-Oilfield Tech Fights Bid To Arbitrate Wage Claims

    A former field technician urged a California federal judge to reject an oilfield services company's bid to arbitrate his wage claims, saying the company only gave him the signature page of its arbitration program and made him sign it to work, and the agreement contains several unfair terms.

  • September 03, 2026

    Virginia Labor Secretary Talks Beefing Up Wage Enforcement

    The Virginia Department of Labor and Industry is launching a wage protection division, a priority in line with the state labor secretary's previous work as President Joe Biden's wage chief. Jessica Looman spoke with Law360 about hiring wage investigators, new state laws and filling in the gaps of the federal government.

  • September 03, 2026

    AI Co. Misclassified Data Trainers As Contractors, Suit Says

    An artificial intelligence data labeling company misclassified workers who performed AI training and annotation tasks as independent contractors, denying them wages, overtime pay and meal and rest breaks they were owed under California law, a former data trainer alleged in a proposed class action in state court.

  • September 03, 2026

    Miss. Nursing Homes Say OT Discovery Must Stay Paused

    Several nursing homes urged a Mississippi federal judge to keep discovery paused in a proposed overtime collective action, arguing that a former certified nursing assistant first must show that the court has jurisdiction over her claims against entities that deny employing her.

  • September 03, 2026

    Discovery Needed In Shoe Co. OT Collective Bid, Judge Says

    A North Carolina federal court denied a bid by two footwear store managers to notify thousands of potential opt-in workers about their off-the-clock overtime lawsuit Thursday, ordering the parties to complete limited precertification discovery before the court considers whether to certify a nationwide collective.

  • September 02, 2026

    Home Care Aides Win Fees After Co. Defied Court Orders

    A New York federal court ordered a home healthcare company to pay legal fees after finding it repeatedly ignored court orders to hand over documents in a wage suit brought by 14 home care workers, while stopping short of the default judgment the workers sought.

  • September 02, 2026

    NYC Delivery Worker 'Hub' Paves Path For Wage Complaints

    A New York City "hub" for food delivery workers that provides battery charging and space for bicycle maintenance has also been helping them file wage and hour complaints with the city, which has recently added a minimum pay standard and other protections.

  • September 02, 2026

    Towing Co. Prez Can't Pierce Corporate Veil In Driver OT Suit

    The president of a Texas towing company cannot escape a proposed collective action accusing the business of misclassifying tow truck drivers and denying them overtime, a federal judge ruled, finding the worker sufficiently alleged that the president exercised operational control over employees.

  • September 02, 2026

    5th Circ. Affirms OT-Exempt Status For Oil Field Drillers

    The Fifth Circuit affirmed a lower court ruling on Wednesday that found oil field directional drillers at an oil services company exempt from overtime pay, finding that a prior decision involving the same company, pay plan and job forecloses the workers' arguments.

  • September 02, 2026

    NJ AG Seeks Expedited Discovery In Amazon Antitrust Suit

    New Jersey's attorney general has asked a federal court for leave to file a motion for expedited discovery in a federal antitrust suit claiming that Amazon has unlawfully maintained its dominant buying power in the delivery driver services market, claiming there is an "immediate need" for discovery in the case.

  • September 02, 2026

    Judge Recommends $3.2M For Pizzeria Workers In Pay Suit

    Former pizzeria employees should receive about $3.2 million after the operators defaulted in a wage suit, a New York federal magistrate judge recommended, finding that the companies and their owner jointly employed the workers and were liable for many of their wage claims.

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    Treatment Centers Cited Over Unpaid Work By Patients

    Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

  • September 01, 2026

    Dunkin' Worker Drops Suit Over AI Tip Inquiry Firing

    A Connecticut woman who alleged she was fired from a Dunkin' franchise after using artificial intelligence to research whether her employer could legally withhold tips has dropped her lawsuit, state court records show.

  • September 01, 2026

    GEO Seeks Split Trial In Colo. Detainee Labor Suit

    Private prison operator The GEO Group Inc. urged a Colorado federal judge to split an upcoming trial over allegations that it unlawfully profited from detainee labor, saying financial evidence should either stay out of the case entirely or be reserved for a later phase on the amount of punitive damages.

  • September 01, 2026

    Lizzo's Touring Co. Beats Designer's Bias, Retaliation Suit

    A California federal judge Tuesday tossed a former wardrobe assistant's remaining employment discrimination claims against singer Lizzo's touring company, finding the plaintiff may have witnessed some "inappropriate and unprofessional" conduct, but it was not sufficiently severe or pervasive enough to create a hostile work environment.

  • September 01, 2026

    10th Circ. Revives Aviation Workers' Arbitration Fight

    The Tenth Circuit reversed a district court ruling exempting aviation customer service workers from arbitration, finding Tuesday that the lower court misread the Supreme Court's framework for determining when workers fall outside the Federal Arbitration Act by focusing on individuals rather than their job class as a whole.

  • September 01, 2026

    LVMH Says It Didn't Employ Ex-Stella McCartney Exec

    LVMH urged a New York federal judge to toss eight discrimination, equal pay, retaliation and wage claims brought by a former Stella McCartney executive, arguing its minority investment and ties to the fashion brand do not plausibly make it his employer.

  • September 01, 2026

    Truck Modification Co.'s $1.6M OT Deal Nabs Initial OK

    A North Carolina federal court gave an initial green light Tuesday to a $1.6 million class and collective action settlement resolving overtime claims brought by hourly workers against a vehicle modification company, conditionally certifying a nationwide collective and a Virginia state class for settlement purposes.

  • September 01, 2026

    Production Co. Tried To Pay Worker With Zelle, Suit Says

    A production company misclassified production crews as independent contractors, failed to pay full wages, used invoices and attempted to pay one worker through Zelle instead of a payroll system, according to a proposed class and collective action filed in California federal court.

Expert Analysis

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.