Wage & Hour

  • 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.

  • October 01, 2026

    Aya Health Tells 9th Circ. It Needn't Seek Suits Against Itself

    Aya Healthcare urged the Ninth Circuit on Thursday to undo an order pausing its wage-and-hour arbitration bid, arguing that requiring the travel nursing agency to first notify 400,000 workers of the collective action before deciding whether arbitration is appropriate violates the Federal Arbitration Act and essentially forces Aya to solicit lawsuits against itself.

  • October 01, 2026

    Walmart, Workers Settle Overtime Suit In Colorado

    Walmart entities and a group of sales and training managers urged a Colorado federal court to approve a settlement resolving claims that the retailer misclassified the workers as exempt and denied them overtime pay.

  • October 01, 2026

    Calif. Has Over 100 ABC Test Carveouts; NJ's Rule Has None

    New Jersey's rule codifying a three-prong test for independent contractor status that took effect Thursday lacks the many exemptions under California's similar test, which attorneys attributed to slight differences between the analyses and said highlights the need for a targeted approach to compliance.

  • October 01, 2026

    GOP Sen. Bill Would Exclude Real Estate Agents From FLSA

    Direct sellers and qualified real estate agents would be excluded from the Fair Labor Standards Act's definition of employee through a bill introduced by a Republican senator.

  • October 01, 2026

    NY Judge Gives Tax Preparers Initial OK For $1M OT Deal

    A New York federal magistrate judge gave an initial green light to a $1.05 million class settlement to resolve claims brought by tax preparers who accused a New York tax preparation company of overtime and wage violations, finding the proposed agreement has no obvious deficiencies.

  • October 01, 2026

    Airlines' Fight Over Colo. Sick Leave Law Heads To Trial

    A Colorado federal court has sent an airline industry group's challenge to the state's paid sick leave law to trial, finding that competing expert testimony about whether the law increases employee absences and disrupts airline services creates factual disputes that a judge cannot resolve before trial.

  • October 01, 2026

    Lyft To Pay $272.5M To Settle California Misclassification Suit

    Lyft has agreed to pay $272.5 million in what California officials called the largest settlement of its kind in state history, resolving claims that the ride-hailing company misclassified drivers as independent contractors and denied them wages and benefits, the state announced Thursday.

  • October 01, 2026

    Food Workers' Gear Pay Suit Against Campbell's Survives

    Pepperidge Farm food production workers cleared a hurdle in a proposed class action accusing the snack-maker and its parent, Campbell's, of failing to pay for time spent donning and doffing required protective gear, as a New Jersey federal court found they adequately alleged federal and state wage claims.

  • September 30, 2026

    Newsom Signs New AI Worker Protections, Atty Limits

    California Gov. Gavin Newsom on Wednesday signed a slate of laws aimed at placing guardrails on artificial intelligence, including protecting workers from job losses, limiting its use in the practice of law and strengthening safeguards against deepfakes.

  • September 30, 2026

    Senate Confirms Keith Sonderling As Labor Secretary

    The full U.S. Senate late Wednesday approved President Donald Trump's nomination of Keith Sonderling to serve as secretary of labor and lead the U.S. Department of Labor.

  • September 30, 2026

    Campbell Wins Ruling That Snack Distributor Is Contractor

    A New York federal court sided with Campbell Soup and snack food subsidiary Snyder's-Lance in a misclassification suit brought by a distributor who has worked for the companies for nearly two decades, finding the worker qualified as an independent contractor under federal and state law.

  • September 30, 2026

    Mass. Hospital Says It Can't Arbitrate Union's Pay Claims

    A Massachusetts hospital asked a federal court to declare that a Service Employees International Union local cannot arbitrate its class action grievance alleging the hospital failed to correct violations of a collective bargaining agreement, saying it is not liable for claims arising before it acquired the hospital.

  • September 30, 2026

    DOJ Calls Meat Plant Workers' Wage-Fixing Deals 'Inadequate'

    The U.S. Department of Justice intervened Tuesday in Colorado federal court antitrust litigation accusing the country's largest meat producers of fixing wages at their beef and pork processing plants, arguing that the class action settlements resolving the case are insufficient because they do nothing to block future wage-fixing.

  • September 30, 2026

    GAO Calls For DOL Fixes As Child Labor Violations Rise

    The U.S. Department of Labor needs to improve how it tracks injuries and deaths among working children and targets child labor investigations as the number of violations cited by the agency has generally risen over the past decade, the U.S. Government Accountability Office said in a report.

  • September 30, 2026

    Detainees Urge Justices To Deny Prison Co.'s Wage Appeal

    Immigrant detainees and Washington state asked the U.S. Supreme Court to reject a prison operator's bid to review a ruling on minimum wages for detention facility workers, arguing a federal agency changed the underlying rules months before the government urged the court to take the case.

  • September 30, 2026

    Ga. Delivery Co. Wraps Up Former Driver's OT Suit

    An Atlanta-area FedEx delivery contractor and a former worker have resolved a proposed collective action in Georgia federal court that accused the company of paying drivers a flat wage and withholding overtime pay.

  • September 30, 2026

    'Bikini Barista' Owner Asks Judge To Trim $1.8M Award

    The owner of Beehive Espresso, which operates Seattle-area kiosks known as bikini barista coffee stands, asked a state judge to rethink a $1.86 million judgment for baristas, arguing that the court imposed uniform assumptions about unpaid work and employee cash contributions without showing those figures reliably applied across the class.

  • September 30, 2026

    Boeing Worker Drops OT Suit After Arbitration Pact Surfaces

    A Washington state Boeing worker has voluntarily dismissed his proposed class action alleging that the aerospace giant failed to include bonuses and other incentive pay in overtime and sick leave calculations, after the company produced an arbitration agreement that barred him from pursuing class claims in court.

  • September 29, 2026

    Providence Tells Wash. Justices $230M Loss Upends CBAs

    Counsel for Providence Health & Services, Washington state's largest healthcare provider, urged the state's highest court on Tuesday to overturn workers' $230 million trial win over missed meal breaks, arguing that the judgment could put large employers at risk for complying with collective bargaining agreements.

  • September 29, 2026

    Target Accused Of Shorting Colo. Workers On Pay And Breaks

    A former Target employee in Arapahoe County, Colorado, claimed in state court Monday that the company is violating state wage laws by not compensating employees for all hours worked or repaying them for business-related expenses.

  • September 29, 2026

    4th Circ. Says Unequal Ranks Don't Bar Sex Bias Comparison

    The Fourth Circuit on Tuesday reopened a lawsuit alleging a Virginia sheriff's office refused to promote a female lieutenant and gave her insufficient resources when she filled in for a station commander, saying her comparisons to male colleagues weren't invalid because the men held a different rank.

  • September 29, 2026

    Ex-Worker Urges 4th Circ. To Revive Wage, Retaliation Claims

    A former worker at a sports bar in North Carolina urged the Fourth Circuit to revive her wage, retaliation and emotional distress claims, saying that a lower court improperly kept surviving claims from a jury and dismissed another on a ground that she did not have a chance to address.

Expert Analysis

  • The Leeway And Limits Of DOL's Joint Employer Proposal

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    A recent U.S. Department of Labor proposal would make joint employment harder to prove, giving employers more flexibility to add nonemployee labor without triggering shared liability, but businesses should be mindful that it likely won't affect state law tests or the standards that courts use, says Todd Lebowitz at BakerHostetler.

  • Mitigating Risks Under New Pay Disclosure Laws In Maine, Va.

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    To prepare for pay transparency laws that go into effect this summer in Maine and Virginia, employers should consider comprehensive audits of existing recruiting, compensation and recordkeeping practices — and be prepared to uncover disparities that create both legal and employee relations risks, say attorneys at Morgan Lewis.

  • Flashpoints In Focus: Tips As EEOC Prioritizes Hiring Bias

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    Two recent cases brought by the U.S. Equal Employment Opportunity Commission reflect its increased interest in recruiting and hiring bias claims, but employers can safeguard their business by finding quota alternatives, properly managing hiring statistics, and reviewing their vendor management and artificial intelligence governance, say attorneys at Seyfarth.

  • Flashpoints In Focus: Navigating EEOC's Religious Bias Push

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    The U.S. Equal Employment Opportunity Commission has placed a heightened focus on religious accommodation requests, as illustrated by a recent suit and agency report, but with modest investments in time and planning, employers can reduce the chance of litigation and provide strong defenses against it, say attorneys at Seyfarth Shaw.

  • Employer Tips As Calif. Law Rewrites Retention Pay Rules

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    California's recent enactment of A.B. 692 disrupts how employers structure sign-on bonuses, retention payments and other incentives tied to continued employment, but employers that adjust their compensation strategies can attract and retain talent while managing their compliance risks, say attorneys at Foley & Lardner.

  • Gender-Expansive Calif. Equal Pay Laws Widen Employer Risk

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    California's recent amendments to strengthen its Equal Pay Act and Pay Transparency Act aim to shrink the wage gap, not only for women, but also for nonbinary and transgender employees, creating new compliance obligations for employers and increasing their potential exposure, say attorneys at the Jhaveri-Weeks Firm.

  • Chicago Suits Highlight Struggle Over Piercing Corporate Veil

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    A union's latest lawsuit against the owners of a storied Chicago bar and restaurant that closed in 2023 illustrates how doing business via a limited liability company does not necessarily protect owners' personal assets — but also that obtaining a judgment does not mean that collection is automatic, says James Trail at Ginsberg Jacobs.

  • Telehealth Suit May Redraw Rules For Physician Classification

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    A new class action in California federal court, Cioppettini v. Mochi Medical, alleging a telehealth company misclassified providers as independent contractors, suggests that traditional markers of physician independence may not apply to telehealth, say attorneys at Reed Smith.

  • How Justices' GEO Ruling Resets Gov't Contractor Litigation

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    The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

  • Preparing For New Calif. Pay Data Reporting Requirements

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    California's S.B. 464 overhauls the state's pay data reporting framework by requiring employers to use job categories that are based on the Standard Occupational Classification system, increasing both the potential visibility of pay disparities and the complexity of compliance, say attorneys at Kaufman Dolowich.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Motorola Case Shows Reach Of NLRA Dishonesty Protections

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    A recent National Labor Relations Board case, involving a Motorola employee who was terminated for lying about discussing wages, illustrates the broad reach of National Labor Relations Act protections for concerted activity, which may take on new significance as the agency shifts toward more restrained enforcement, say attorneys at BakerHostetler.

  • Flashpoints In Focus: Harassment At Work After Epstein Files

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    The recent release of millions of documents related to Jeffrey Epstein's sex trafficking scheme has renewed a movement to hold perpetrators of sexual assault and harassment responsible, making it a perfect time for employers to ensure they have a strong system for preventing and addressing workplace harassment, say attorneys at Seyfarth.