Wage & Hour

  • October 05, 2026

    Sous Chef Tips A Focus Of NYC Restaurant Law Gathering

    Restaurants are expected to continue facing wage and hour lawsuits by workers with specialized roles, such as sous chefs, sushi chefs, sommeliers and oyster shuckers, panelists said at the New York City Bar Association's gathering of hospitality lawyers, adding that the analysis in such litigation remains case by case.

  • October 05, 2026

    4 Looming Questions About Calif.'s New Workplace AI Laws

    Several recently signed California laws imposing new rules on companies that use artificial intelligence to manage their workforces include broad concepts that experts said could give the statutes wider reach than employers may be anticipating. Here are four questions compliance experts have about the state's new AI laws.

  • October 05, 2026

    Fox Tells DC Circ. Worker Wasn't Fired Over Leave, Politics

    Fox News urged the D.C. Circuit to reject a former Capitol Hill producer's bid to revive claims that he was fired over his political views and use of sick leave, arguing he was terminated instead for insubordination and unprofessional conduct.

  • October 05, 2026

    Plumbing Co. Seeks To Boot 3 Workers From OT Collective

    A Georgia plumbing company has asked a federal court to remove three workers who opted in to an overtime collective action, arguing that they all signed arbitration agreements barring them from joining class or collective suits, though one worker says the signature on his agreement is not his.

  • October 05, 2026

    High Court Turns Away Delta Pilots' Military Leave Bias Suit

    The U.S. Supreme Court refused Monday to hear former Delta Air Lines pilots' challenge to an Eleventh Circuit ruling that grounded their suit alleging the airline pushed them out of their jobs for taking military leave.

  • October 05, 2026

    Justices Won't Review If NJ Wage Laws Exclude Immigrants

    The U.S. Supreme Court declined on Monday to review a New Jersey high court ruling that allows unauthorized immigrant workers to pursue claims under the state's wage-and-hour laws.

  • October 02, 2026

    Rivian Accused Of Denying Wash. Workers Breaks, OT Pay

    Electric vehicle maker Rivian broke multiple employment laws in Washington state and Seattle by failing to provide mandated meal and rest breaks, shorting workers on pay and failing to reimburse business expenses, according to a former employee's proposed class action filed Tuesday.

  • October 02, 2026

    UFC Wants To Know Who's Backing Fighters' Wage Case

    The Ultimate Fighting Championship is pressing a Nevada federal judge to pull back the curtain on the funding of a proposed wage-fixing class action that has been snaking through federal court for years.

  • October 02, 2026

    Pa. Hospital Workers Sue Over Biased Time Rounding

    A patient registration worker sued the University of Pittsburgh Medical Center in federal court Friday, alleging the hospital system's timekeeping software rounds time in the company's favor, while requiring patient services staff to work off the clock before and after their shifts and during meal breaks without compensation.

  • October 02, 2026

    Hertz Hit With PAGA Suit Over Off-Clock Work

    Hertz stiffed workers on their full pay by rounding their time, making them wait off the clock to use a timekeeping terminal and requiring them to respond to work messages during breaks and after shifts, according to a Private Attorneys General Act suit.

  • October 02, 2026

    Fisher Phillips Launches Miami Shop With Zumpano Castro

    Labor and employment law firm Fisher Phillips has launched a new Miami office with help from boutique firm Zumpano Castro.

  • October 02, 2026

    Ex-Legg Mason Worker Keeps 401(k), Leave Claims Alive

    A former Legg Mason product marketing employee can move forward with claims that she was wrongly denied 401(k), stock purchase, paid time off and vacation benefits despite being labeled a temporary worker, a New York federal judge ruled, while tossing her claim for severance benefits.

  • October 02, 2026

    Medical Call Center Denied Leave To New Mothers, EEOC Says

    A Florida-based medical call center and answering service unlawfully forced pregnant women to resign after giving birth rather than give them time off, the U.S. Equal Employment Opportunity Commission alleged in a new lawsuit.

  • October 02, 2026

    Nike Fights Bid For Class Pay Records In Wage Suit

    Nike opposed a Washington retail worker's request for classwide pay and scheduling records in federal court, arguing the demands would require more than 1,400 hours of manual retrieval from computer systems and that he has not shown why 2,000 employees' records are needed for class certification.

  • October 02, 2026

    Dollar Tree Accused Of Shorting Colo. Workers

    Dollar Tree failed to fully pay its workers for off-the-clock duties, missed breaks and business expenses, according to a proposed class action filed in Colorado state court.

  • October 02, 2026

    Calif. Forecast: EEOC Seeks Toss Of Hostile Workplace Suit

    In the week ahead, attorneys should watch for a hearing on a motion to dismiss a hostile work environment suit by a former U.S. Equal Employment Opportunity Commission career official. Here's a look at that case and other labor and employment matters on deck in California.

  • October 01, 2026

    Aya Health Tells 9th Circ. It Needn't Seek Suits Against Itself

    Aya Healthcare urged the Ninth Circuit on Thursday to undo an order pausing its wage-and-hour arbitration bid, arguing that requiring the travel nursing agency to first notify 400,000 workers of the collective action before deciding whether arbitration is appropriate violates the Federal Arbitration Act and essentially forces Aya to solicit lawsuits against itself.

  • October 01, 2026

    Walmart, Workers Settle Overtime Suit In Colorado

    Walmart entities and a group of sales and training managers urged a Colorado federal court to approve a settlement resolving claims that the retailer misclassified the workers as exempt and denied them overtime pay.

  • October 01, 2026

    Calif. Has Over 100 ABC Test Carveouts; NJ's Rule Has None

    New Jersey's rule codifying a three-prong test for independent contractor status that took effect Thursday lacks the many exemptions under California's similar test, which attorneys attributed to slight differences between the analyses and said highlights the need for a targeted approach to compliance.

  • October 01, 2026

    GOP Sen. Bill Would Exclude Real Estate Agents From FLSA

    Direct sellers and qualified real estate agents would be excluded from the Fair Labor Standards Act's definition of employee through a bill introduced by a Republican senator.

  • October 01, 2026

    NY Judge Gives Tax Preparers Initial OK For $1M OT Deal

    A New York federal magistrate judge gave an initial green light to a $1.05 million class settlement to resolve claims brought by tax preparers who accused a New York tax preparation company of overtime and wage violations, finding the proposed agreement has no obvious deficiencies.

  • October 01, 2026

    Airlines' Fight Over Colo. Sick Leave Law Heads To Trial

    A Colorado federal court has sent an airline industry group's challenge to the state's paid sick leave law to trial, finding that competing expert testimony about whether the law increases employee absences and disrupts airline services creates factual disputes that a judge cannot resolve before trial.

  • October 01, 2026

    Lyft To Pay $272.5M To Settle California Misclassification Suit

    Lyft has agreed to pay $272.5 million in what California officials called the largest settlement of its kind in state history, resolving claims that the ride-hailing company misclassified drivers as independent contractors and denied them wages and benefits, the state announced Thursday.

  • October 01, 2026

    Food Workers' Gear Pay Suit Against Campbell's Survives

    Pepperidge Farm food production workers cleared a hurdle in a proposed class action accusing the snack-maker and its parent, Campbell's, of failing to pay for time spent donning and doffing required protective gear, as a New Jersey federal court found they adequately alleged federal and state wage claims.

  • September 30, 2026

    Newsom Signs New AI Worker Protections, Atty Limits

    California Gov. Gavin Newsom on Wednesday signed a slate of laws aimed at placing guardrails on artificial intelligence, including protecting workers from job losses, limiting its use in the practice of law and strengthening safeguards against deepfakes.

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.