Wage & Hour

  • August 10, 2026

    4 Tips For Cos. That Want To Call Workers Back To The Office

    Companies that want to increase in-person attendance for their employees must navigate a legal landscape different from the one that existed before the COVID-19 pandemic normalized remote work, experts say. Here are four things that businesses that want to promote in-person or hybrid work need to consider.

  • August 10, 2026

    Wage-Hour Tips For When Employees Have Side Hustles

    Employers should have clear timekeeping policies but avoid jumping to conclusions when employees work side jobs, especially as states add moonlighting protections and workers sue under those laws, attorneys said. Here, Law360 explores what employers should keep in mind.

  • August 10, 2026

    Costco Can't Shake Wash. Workers' Moonlighting Class Action

    More than 26,000 Costco Wholesale Corp. workers have beaten back the company's bid for an early win in their Washington state court moonlighting class action, though a judge also denied the workers' own push for a pretrial victory.

  • August 10, 2026

    Insurer Must Defend Education Fund In Termination Dispute

    An insurer must defend and indemnify a plumbers' union-backed education fund accused of retaliating against a member who claimed he was wrongfully terminated after submitting a request for paternity leave, a New Jersey federal court ruled, finding that an exclusion barring coverage for activities of the union does not apply.

  • August 10, 2026

    BNSF Changed Weekend Travel Pay, Teamsters Unit Says

    BNSF Railway violated the terms of its collective bargaining agreements with a Teamsters unit by unilaterally changing the way it calculated weekend travel allowances for employees, the union alleged in a complaint filed in Illinois federal court.

  • August 10, 2026

    Judge Certifies Military Class In Delta Pilots' Leave Suit

    Delta pilots who alleged that the airline failed to pay them for short-term military absences secured class certification in Georgia federal court, with a judge finding the core question of whether the airline's uniform leave policy violates federal military leave law can be resolved using common evidence.

  • August 10, 2026

    Production Co. Fired Exec Over Pay Demands, Suit Says

    A media production company and its president misclassified an executive as an independent contractor, denied her overtime pay and fired her after she pressed for compensation she was owed, she said in a suit filed in New York federal court.

  • August 07, 2026

    Cable Techs Must Arbitrate Comcast Misclassification Suit

    Cable technicians who say that Comcast and several other companies have been misclassifying them as independent contractors to deny them job protections will have to arbitrate their claims, a Virginia federal court has ruled.

  • August 07, 2026

    Engineer Says Unsigned Contract Bars Oil Co. Arbitration

    A former worker of an oilfield services company told a Colorado federal judge that the company can't compel arbitration on his Fair Labor Standards Act and North Dakota wage law claims because the company isn't a party to the arbitration agreement that the worker signed.

  • August 07, 2026

    Tax Preparers Seek OK Of $1M Deal In OT Suit

    Tax preparers who accused a New York tax preparation company of overtime and wage violations have urged a New York federal court to grant preliminary approval of a $1.05 million class action settlement.

  • 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.

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.