Wage & Hour

  • August 07, 2026

    Manufacturer Unistrut Hit With FLSA Suit Over OT Pay

    A former Unistrut International Corp. worker filed a proposed collective action in Michigan federal court on Friday accusing the metal framing system manufacturer of shortchanging thousands of hourly employees on overtime by failing to include shift differentials, bonuses and other compensation when calculating their pay.

  • August 07, 2026

    Calif. Forecast: 9th Circ. Hears NBA Announcer Tweet Dispute

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in a former NBA announcer's wrongful termination suit against a radio station. Here's a look at that case and other labor and employment matters on deck in California.

  • August 07, 2026

    Rising Star: Wigdor's Meredith Firetog

    Meredith Firetog of Wigdor LLP negotiated a settlement for a Sean "Diddy" Combs accuser who became a key witness in the case that resulted in his conviction for transporting women for prostitution, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 07, 2026

    Crocs Workers Near $300K Deal In OT Miscalculation Suit

    Distribution center workers who accused Crocs Inc. of miscalculating overtime pay by excluding shift differentials and bonuses from their regular rate have moved to settle their Fair Labor Standards Act claims for $300,000 in Colorado federal court.

  • August 07, 2026

    Translation Co. Can't Escape Misclassified Workers' OT Action

    A former worker's wage and hour class action against a translation services company largely survived a motion to dismiss in California federal court, with most claims allowed to proceed while the wrongful termination and meal break class claims were tossed.

  • August 07, 2026

    NY Forecast: Judge Weighs Blocking Farm Labor Contract

    In the week ahead, a New York federal judge will consider a worker's request to block a labor contract implemented at an upstate farm after an arbitration process laid out in a state law granting union rights to farmworkers.

  • August 06, 2026

    Judge Tosses Nuclear Power Wage-Fixing Case, For Now

    A Maryland federal court tossed a proposed class action accusing nuclear energy producers including Constellation Energy, DTE Energy and Duke Energy of fixing wages, after finding the claims came too late.

  • August 06, 2026

    Wash. Equipment Dealer Worker Pursues Collective Wage Suit

    About 50 employees of a heavy machinery dealer in Washington state were impacted by the company's noncompliance with the Fair Labor Standards Act, a former employee alleged, asking a Washington state judge to turn his FLSA suit against RDO Equipment Co. into a collective action.

  • August 06, 2026

    Mich. Contractor Faces Class Claims For Unpaid Work Time

    A former commercial service technician has accused a Michigan-based industrial maintenance contractor in federal court of systematically removing hours from field employees' time records and failing to pay them for on-call duty, travel, missed meal breaks and other work.

  • August 06, 2026

    Home Depot Seeks Early Win In Moonlighting Class Suit

    Home Depot has asked a Washington federal court to end a class action alleging its outside employment policies violate state law before trial, arguing the worker who brought the suit never signed any noncompetition agreement, never wanted a second job and was never harmed by any company policy.

  • August 06, 2026

    Fisher Phillips Grows With Pair Of NJ Employment Litigators

    Management-side labor law firm Fisher Phillips has brought aboard a pair of new partners in New Jersey who bring deep experience in employment litigation from Carmagnola & Ritardi LLC and Kaufman Dolowich LLP, the firm said Wednesday.

  • August 06, 2026

    Rising Star: Phillips & Associates' Melissa Berouty

    Melissa Berouty of Phillips & Associates helped secure a $5.25 million settlement for a BigLaw partner who claimed that she faced sexual harassment and assault and a $2.1 million settlement for a worker who claimed whistleblower retaliation, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 06, 2026

    John Deere Says Severance Program Isn't ERISA Plan

    John Deere has moved in Illinois federal court to dismiss former employees' claims that its severance program is governed by federal retirement law, arguing that the program's one-time lump sum payments require no ongoing administration. 

  • August 06, 2026

    Mass. City Beats Due Process Claim By Cop Put On Leave

    A Massachusetts federal court rejected a Cambridge police officer's due process claim over his placement on paid leave during a disciplinary investigation, finding that neither a requirement to stay home during work hours nor a loss of overtime opportunities violated his rights.

  • August 05, 2026

    Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

    Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its arbitration-related emails — even if never read — sufficed to keep an ex-employee's proposed class action out of court.

  • August 05, 2026

    Drexel Can't Shake Prof's Retaliation Suit, Pa. Judge Rules

    A tenured philosophy professor's retaliation claims against Drexel University will proceed to trial after a Pennsylvania federal court denied the university's bid for an early win, finding that genuine factual disputes remain over whether the university's course format change was retaliatory.

  • August 05, 2026

    Bakery Pays $45K After DOL Child Labor, Wage Probe

    The operators of three San Antonio, Texas, bakery locations paid $45,000 in back wages and penalties after a U.S. Department of Labor probe found child labor and wage violations, the agency announced.

  • August 05, 2026

    NY Health Center Can't Pare Back Wage Suit, Judge Says

    A New York federal judge refused Wednesday to narrow proposed groups of workers suing a healthcare facility over overtime and sick pay or dismiss the sick-leave and wage-statement claims, finding a former worker plausibly alleged broad pay practices and harm from misleading records.

  • August 05, 2026

    Law360 Explores: The Subminimum Wage Debate

    The federal minimum wage is often treated as a cornerstone of American employment law. But for hundreds of thousands of workers nationwide, exceptions remain embedded in the legal system. "Law360 Explores: Subminimum Wage," a three-part audio series, examines how and why certain workers can legally be paid less than the federal minimum, $7.25 an hour.

  • August 05, 2026

    Rising Star: Littler's Rocio Blanco Garcia

    Littler Mendelson PC shareholder Rocio Blanco Garcia's litigation work helped to clarify how employers can beat whistleblower cases in the Eleventh Circuit, and her advisory work gave thousands of employees of a Florida county access to paid parental leave, earning her a spot among the employment lawyers under age 40 honored by Law360 as Rising Stars.

  • August 05, 2026

    Md. Court OKs Collective In Construction OT 'Two-Check' Suit

    A Maryland federal court has conditionally certified a collective of construction workers who allege their employer systematically underpaid overtime through a scheme of issuing two separate checks, with the second check often for a flat $104 regardless of the actual overtime hours worked.

  • August 05, 2026

    Calif. Hotel To Pay $2.75M To End COVID Rehiring Probe

    An Anaheim, California, Marriott hotel will pay $2.75 million to resolve a state Labor Commissioner's Office investigation into allegations that it violated state law by failing to rehire two dozen employees who were laid off during the pandemic, the agency announced.

  • August 05, 2026

    Lockheed Reaches $620K Deal To End Walking Time Claims

    Lockheed Martin agreed to pay $620,000 to end a former employee's proposed class action alleging the defense contractor failed to pay employees for the time they walked to and from time clocks at a Pennsylvania facility, according to a motion filed in federal court.

  • August 05, 2026

    UPS Driver Says Late Sick Pay Can't Sink Colo. Suit

    A UPS driver urged a Colorado federal judge to reject the company's early win bid in a proposed class action, arguing late payments cannot erase paid-sick-leave violations.

  • August 05, 2026

    NJ Justices Nix Extra COVID Pay For School Custodians

    The New Jersey Supreme Court ruled Wednesday that a state law passed during the COVID-19 pandemic properly barred school custodians from claiming extra emergency pay under their collective bargaining agreement, finding that the law required employees to be treated as if schools had stayed open.

Expert Analysis

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • 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.