Wage & Hour

  • October 06, 2026

    Construction Co., DOL Seek To Scrap Trucker Wage Ruling

    A construction company and the U.S. Department of Labor jointly asked an Illinois federal court Tuesday to set aside a final agency ruling and send the matter back to the agency, following a Texas court's decision striking down a President Joe Biden-era rule on prevailing wage calculations.

  • October 06, 2026

    Ga. Delivery Co. Will Pay $27.5K To Resolve OT Suit

    An Atlanta-area FedEx delivery contractor asked a Georgia federal judge to approve a $27,500 settlement with a former delivery driver who accused the company of paying him a flat wage and withholding overtime pay in violation of the Fair Labor Standards Act.

  • October 06, 2026

    DOL Cancels Proposal To Nix Wage-Hour Guidance

    The U.S. Department of Labor on Tuesday said it is withdrawing a proposal to remove interpretive rules and policy statements regarding the Fair Labor Standards Act that had not gone through notice-and-comment rulemaking.

  • October 06, 2026

    Omni Evicted Foreign Workers After Pay Gripes, Suit Says

    Three Costa Rican former workers at a hotel in Atlanta have sued Omni Hotels in federal court, accusing the company of violating federal wage law and retaliating against workers who complained about pay by booting them from employer-sponsored housing.

  • October 06, 2026

    Zinc Mine Workers Settle OT Suit Over Off-Clock Duties

    A zinc mine worker and a proposed collective of hourly employees have reached a settlement with a Tennessee company to end an overtime suit alleging workers were not paid for time spent putting on protective gear and attending safety meetings before their shifts, according to a federal court filing.

  • October 06, 2026

    DuPont Will Pay $400K To End Suit Alleging Off-The-Clock OT

    DuPont agreed to pay $400,000 to settle claims that it stiffed employees on overtime pay for pre- and post-shift work, according to a Delaware federal court filing.

  • October 05, 2026

    'Bikini Barista' Owner Owes Worker $1.4M For Legal Fees

    A Washington woman who successfully sued the owner of coffee kiosks known as bikini barista espresso stands won a $1.4 million state court award for attorney fees and costs, with the judge denying the defense's request for a 30% reduction in fees.

  • October 05, 2026

    DOL Given Until Year End To Fix H-2A Farmworker Wage Rule

    A California federal court has ordered the U.S. Department of Labor to issue a replacement wage rule for temporary agricultural workers by year-end, rejecting the agency's request for up to six months and setting the existing unlawful rule to expire by the same deadline.

  • October 05, 2026

    Colo. Caesar's Bartender Says Retaliation Cost Him Tips, Job

    A former casino bartender has told a Colorado federal judge he was retaliated against and terminated by his managers for reporting a coworker's drug use and sexual harassment.

  • 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.

Expert Analysis

  • What A Calif. Mileage Tax Would Mean For Employers

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    California is considering implementing a mileage tax that would likely trigger existing state laws requiring employers to reimburse employees for work-related driving, creating a new mandatory business expense with significant bottom-line implications for employers, says Eric Fox at Ogletree.

  • 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.