Wage & Hour

  • 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.

  • August 04, 2026

    NY Car Wash Owner Accused Of Shaving Hours, Taking Tips

    The owner of a chain of New York car wash businesses shaved time off of the weekly wages of his employees, illegally retained their tips and retaliated against them when they complained, according to a proposed class and collective action filed in federal court on Tuesday.

  • August 04, 2026

    Ministerial Exception's Reach At Center Of Calif. Wage Case

    The California Supreme Court is reviewing whether a carveout to employment law liability that religious institutions use as a shield in discrimination cases extends to wage and hour claims, stepping into a debate that the U.S. Supreme Court previously declined to take up. 

  • August 04, 2026

    Campbell's And Staffing Co. Hit With Unpaid OT Suit

    The Campbell's Co. and the staffing firm CorTech LLC violated federal and state wage laws by requiring hourly contingent workers to work nights and weekends without overtime pay, a proposed class and collective action filed in New Jersey federal court claims.

  • August 04, 2026

    Va. Traffic Control Workers Sue Over Timecards, Retaliation

    Five Virginia traffic control workers sued their employer Tuesday in federal court, alleging the company deleted or shortened their recorded hours to suppress overtime pay, failed to pay for required travel and retaliated against workers who refused to sign a new timekeeping policy.

  • August 04, 2026

    Casino Accused Of Shorting Tipped Workers

    A Colorado casino forced dealers to hand over part of their tips to supervisors, buy their own uniforms and work off the clock before their shifts, according to a proposed class and collective action filed in federal court.

  • August 04, 2026

    4th Circ. Revives Va. Atty's Immunity Bid In FMLA Firing Suit

    The Fourth Circuit on Tuesday revived a Virginia commonwealth's attorney's qualified immunity bid in a Family and Medical Leave Act firing suit, finding the law did not clearly require him to let an employee fix a disputed medical certification before contacting the provider.

  • August 04, 2026

    Rehab Program Participants Seek Collective In Wage Suit

    Former participants in a Texas faith-based addiction recovery program have asked a federal court to certify a collective of workers who allege they were required to perform substantial labor on farms, in retail stores and in other commercial operations without receiving lawful wages, instead earning a points-based system worth roughly $1 per hour.

  • August 04, 2026

    IHOP Operators Settle DOL Tip, Overtime Suit

    Illinois IHOP franchise operators and their owner reached a settlement in principle Tuesday with the U.S. Department of Labor in a federal lawsuit accusing them of keeping workers' tips, deleting hours and underpaying overtime.

  • August 04, 2026

    Rising Star: Foley Hoag's Allison Anderson

    Allison Anderson of Foley Hoag LLP helped negotiate a project labor agreement for the first offshore wind energy project in the U.S. and litigated a high-stakes trade secrets dispute that went to the First Circuit, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 04, 2026

    Farm Worker Fights Class Cert. Denial Recommendation

    A former agricultural worker objected to a magistrate judge's recommendation to deny class certification in her wage and hour suit against a California farm labor contractor in federal court, arguing the findings rest on a fundamental legal error in applying the state's meal period presumption to agricultural workers.

Expert Analysis

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Water Cooler Talk: Investigation Lessons In 'Minority Report'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper discuss how themes in Steven Spielberg's Science Fiction masterpiece "Minority Report" — including prediction, prevention and the fallibility of systems — can have real-life implications in workplace investigations.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.