Wage & Hour

  • October 20, 2026

    3rd Circ. Seems Open To Drexel's Bid For New Pay Bias Trial

    The Third Circuit seemed receptive Tuesday to Drexel University's bid for a new trial in a professor's pay discrimination suit, with the judges hinting a trial court may have gone too far by imposing Equal Pay Act liability on the school for not complying with an order to turn over salary information.

  • October 20, 2026

    Brokerage Can't Shake Ex-Worker's Pregnancy Bias Suit

    An insurance brokerage must face claims that it fired a former employee because of her pregnancy and complaints about discrimination, a North Carolina federal judge ruled, finding that questions remain about whether the company's stated performance concerns were legitimate.

  • October 20, 2026

    3rd Circ. Has Made Hybrid Wage Settlements Easier

    Federal courts in the Third Circuit are more readily approving hybrid settlements a year after a panel found that the Fair Labor Standards Act's opt-in requirement does not prohibit the release of unasserted FLSA claims as part of opt-out class settlements under state wage laws, attorneys said.

  • October 20, 2026

    DOL Recovers $800K For 339 Employees Denied OT Pay

    A home appliance company has agreed to pay $800,000 to 339 workers to resolve U.S. Department of Labor claims that it did not pay them overtime for all their worked hours.

  • October 20, 2026

    Wayne County, Mich., Workers Allege Overtime Shortfalls

    Three former Wayne County, Michigan, employees have accused the county of engaging in "systematic and widespread underpayment" of overtime pay for hundreds of workers by excluding bonuses, shift premiums and other pay when calculating overtime wages, according to a proposed federal class and collective action.

  • October 20, 2026

    Ga. Firm Aims To Keep Nearly $100K Arbitration Win Over Atty

    John Foy & Associates PC has pushed back on an attempt by one of its former attorneys to have a Georgia federal judge vacate a nearly $100,000 arbitration award in the firm's favor with respect to her retaliation and harassment claims against it.

  • October 20, 2026

    Calif. Eyes Updating Pregnancy Leave, Workplace Protections

    Pregnant workers in California could gain expanded protections for taking leave and receiving workplace accommodations, including remote work, under proposed regulations announced by the state's Civil Rights Council.

  • October 20, 2026

    Staffing App Will Pay $2.3M, Treat Drivers As Employees

    A gig staffing company has agreed to pay $2.3 million and treat all its California workers as employees to end San Francisco's lawsuit in state court claiming it wrongly labeled delivery drivers as independent contractors, the city's top lawyer announced Tuesday.

  • October 20, 2026

    Home Care Aide's Wage Suit Returns To State Court

    A California federal judge has sent a home care aide's lawsuit claiming she was denied meal and rest breaks back to state court, finding the claims are rooted in state law rather than her union contract.

  • October 20, 2026

    Amazon Faces Wage Suit Over Security Checks, Break Time

    Amazon failed to pay Pennsylvania warehouse workers for time spent undergoing security screenings and working through meal breaks and improperly calculated their overtime wages, according to a proposed class action filed in Pennsylvania federal court.

  • October 19, 2026

    Olive Garden Workers Get Conditional Opt-In Nationwide Cert.

    Olive Garden cannot trim a collective action that accuses it of tipped wage violations and underpaying employees, a Massachusetts federal judge has ruled, while preliminarily approving an opt-in class of the pasta chain's servers and bartenders.

  • October 19, 2026

    Delta Accused Of Wage Abuse By Calif. Flight Attendants

    Delta Air Lines Inc. cheated nonexempt flight attendants out of overtime wages by failing to compensate them for time they spent undergoing security checks, yearly staff training, preparing aircraft for boarding, cleaning planes and other work-related duties, alleges a proposed class action lodged Friday in California state court.

  • October 19, 2026

    Jackson Lewis Hires Calif. DOJ Atty With Employment Chops

    An attorney who has decades of experience representing employees in wage-and-hour class actions and Fair Labor Standards Act collective actions against major companies and most recently served as supervising deputy attorney general for the California Department of Justice has joined Jackson Lewis PC.

  • October 19, 2026

    Pot Co. Ascend Says It Had Good Reasons To Fire Executive

    Major cannabis company Ascend Wellness has urged a New York federal judge to find that a wrongful termination case brought by a former executive should be thrown out because the company documented a record of inappropriate behavior and fulfilled its duties to communicate its reasons for firing him.

  • October 19, 2026

    Calif. Appeals Court Revives Claims In Northrop Wage Row

    A California appeals court has partially reopened a former employee's suit alleging that Northrop Grumman illegally issued multiple wage statements per pay period to some of its workers, ruling that a trial court must decide if the company's actions were in good faith before it can award damages.

  • October 19, 2026

    Data Co. To Pay $2M To Resolve Feds' US Worker Bias Probe

    A data company will pay $2 million and face a two-year suspension from a federal program that allows employers to hire foreign workers to settle U.S. Department of Justice probes and related litigation alleging it discriminated against U.S. workers, the federal government announced.

  • October 19, 2026

    Calif. Appeals Court Keeps Staffing Agency Wage Suit In Court

    A staffing agency cannot force a former warehouse worker to arbitrate his wage claims, a California appeals court ruled, finding arbitration could lead to conflicting rulings on claims brought by other workers at the same warehouse.

  • October 19, 2026

    Amazon Security Ruling Applies To Conn. Servers, Judge Told

    Steakhouse servers should benefit from a decision issued by the Connecticut Supreme Court, and then adopted by the Second Circuit, that held Amazon must pay its warehouse workers for time spent going through security screenings, a state court judge heard Monday.

  • October 19, 2026

    DOL Pulls Old Guidance On Tipped Workers' Side Work

    The U.S. Department of Labor withdrew on Monday three decades-old opinion letters limiting when employers can pay tipped workers less than the federal minimum wage for work that doesn't generate tips.

  • October 19, 2026

    Home Care Co. Reaches $2.3M Deal In Wage Suit

    A home healthcare company will pay $2.3 million to settle a suit alleging that it failed to pay home care providers minimum wages and overtime by classifying them as independent contractors, according to an order filed in New Jersey federal court.

  • October 16, 2026

    Target Can't Nix Wash. Workers' Unpaid Walking Time Claims

    Target must face proposed class claims that it shortchanged distribution center workers on wages for minutes spent passing through security checkpoints and walking to their departments each shift, a Washington federal judge said Friday, finding the plaintiffs had shown the time qualified as "on duty."

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Amazon Workers Fight For Screening Pay At 2nd Circ.

    Amazon warehouse workers urged the Second Circuit on Thursday to reject the company's argument that New York wage law follows federal restrictions on pay for work before and after shifts, saying the state never adopted those limits.

  • October 16, 2026

    Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

    A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

  • October 16, 2026

    Calif. Forecast: Medical Center Wants Wage Arb. Bid Revived

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in an arbitration dispute in a proposed wage and hour class action against a medical center. Here's a look at that case and other labor and employment matters on deck in California.

Expert Analysis

  • Employer Lessons From Apple Ruling Resolving OT Question

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    In Costa v. Apple, a California federal court recently handed employers a win on a previously unresolved wage and hour question, offering a reminder that favorable outcomes on novel issues often hinge on the specific facts of a company's own program and compliance efforts, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: July Lessons

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.