Wage & Hour

  • 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.

  • September 29, 2026

    DC Prison Guards Seek Class Certification For Wage Suit

    Three Washington, D.C., prison guards are seeking class action status for the wage lawsuit they filed against the city this summer, asking a D.C. federal judge Tuesday to certify their suit.

  • September 29, 2026

    DTE Energy Settles Mich. Off-The-Clock Wage Claims

    A settlement resolving claims that DTE Energy Corporate Services LLC failed to properly pay employees for time spent starting and shutting down computer programs before and after their shifts was approved by a Michigan federal judge Tuesday.

  • September 29, 2026

    Greenberg Traurig Adds Employment Atty In West Palm Beach

    Greenberg Traurig has hired a former Carlton Fields attorney in West Palm Beach to help lead the continued growth of the Florida office's labor and employment practice, the firm announced on Tuesday.

  • September 29, 2026

    ABM Says Prior Wage Deal Cuts Worker's PAGA Claims

    Facility services company ABM urged a federal judge to narrow a worker's wage suit, arguing a previous $2.3 million settlement bars him from pursuing Private Attorneys General Act penalties for conduct before Dec. 15, 2021, and wipes out his individual wage statement claim.

  • September 29, 2026

    Ex-Delta Flight Attendant Says Post-Arrest Firing Unlawful

    Delta Airlines Inc. violated federal law when it fired a flight attendant without conducting a full investigation after a racially charged confrontation at a Marriott hotel in Savannah landed her in jail, according to a lawsuit from the former worker.

  • September 29, 2026

    Davis-Bacon Rule Fight Resumes In Texas

    A Texas federal court will rule on dueling bids for early wins between construction groups and the U.S. Department of Labor over a challenge to 2023 Davis-Bacon Act regulations, according to an order lifting a stay in the case.

  • September 28, 2026

    NY Walk-Time Ruling Departs From Trend In State High Courts

    A New York federal court's finding that the state wage and hour law incorporates federal exceptions to pay for pre-shift time deviated from the decisions of a handful of state high courts and lays a path for Empire State justices to weigh in, attorneys said. 

  • September 28, 2026

    Golden Nugget Wants Dealer's Wage Suit Tossed Again

    Atlantic City's Golden Nugget casino again moved to dismiss a table game dealer's wage lawsuit, adding new arguments against two tip credit notice claims while renewing its bid to send state law claims to New Jersey's casino regulators and toss a federal overtime claim.

  • September 28, 2026

    Life Insurer Hit With Suit Over Unpaid Call Center Work

    A life insurer shorted call center employees on wages by requiring as much as 50 minutes of unpaid pre- and post-shift computer work a day, according to a proposed class and collective action filed in New York federal court.

  • September 28, 2026

    Calif. To Add 'Chosen' Family To Bereavement Leave Law

    California Gov. Gavin Newsom on Sunday signed a bill to expand an existing law that provides workers with a week of bereavement leave if someone an employee identifies as a family member dies — even if the person is not a blood relative.

  • September 28, 2026

    NJ Biz Groups Seek Delay Of Contractor Classification Rules

    Two New Jersey business groups asked Gov. Mikie Sherrill to hold off for nine months on new independent contractor rules set to take effect Oct. 1, saying the state needs more time to avoid disrupting legitimate contractor relationships.

  • September 28, 2026

    Mich. Recovery Center Worker's OT Claim Headed To Trial

    A Michigan federal court sent a revenue cycle manager's overtime lawsuit to trial Monday, finding factual disputes about whether her employer improperly docked her pay and whether she had enough independence on the job to qualify as an exempt administrative employee under federal wage law.

  • September 28, 2026

    Cushman Workers Win Class Cert. On Second Meal Breaks

    A California federal judge certified a class of Cushman & Wakefield workers who alleged that the real estate services company failed to provide required second meal breaks, finding that time records showed missing second meals on nearly 80% of eligible shifts.

  • September 28, 2026

    Faith-Based Rehab Program Can't Exit Wage Suit, Court Rules

    A Texas federal court allowed a man who was ordered into a faith-based addiction recovery program to pursue wage claims against the program's operators, finding he plausibly alleged participants were treated as employees who performed substantial commercial labor without lawful pay.

  • September 25, 2026

    Aramark Faces Wash. Class Claims Over Noncompete Terms

    Aramark has been hit with a proposed class action in Washington state court accusing the food service giant of failing to provide advanced notice to Evergreen State workers of its noncompete terms and restricting them from taking second jobs, in violation of state law.

  • September 25, 2026

    Dems Press DOD Over Delayed Pay For Trans Troops

    A group of House Democrats is calling on the U.S. Department of Defense to ensure that transgender service members ousted from the military under the Trump administration receive their separation payment.

  • September 25, 2026

    Unpaid Harvard Residence Hall Workers File Wage Action

    Residence hall workers at Harvard University launched a proposed class action Friday claiming the university's "bargain" of free housing for unpaid labor violates Massachusetts wage law.

  • September 25, 2026

    Dems Revive Resolution To Boost Support For Working Moms

    Democratic lawmakers announced Friday that they have reintroduced a resolution calling for expanded paid leave, child care support and other federal policies aimed at helping mothers remain in the workforce and addressing economic disparities facing working moms.

  • September 25, 2026

    Apple Hit With Garnishment Order For $1.69M Wage Judgment

    Apple was ordered Friday by a North Carolina federal judge to cease contract payments to an affiliated repair company that has allegedly failed to pony up a $1.69 million judgment in a wage and hour class action.

  • September 25, 2026

    SF Fights Nurses' Bid To Split OT Trial Into 2 Phases

    San Francisco opposed nurses' request to split a coming overtime trial into separate liability and damages phases, arguing in California federal court that the issues are too closely intertwined under federal wage law to be heard separately and that bifurcation would force witnesses to testify twice.

  • September 25, 2026

    Colo. Benihana Operator Hit With Rest-Break Wage Suit

    A Benihana operator in Colorado denied workers required rest breaks and failed to pay them for time spent working through those breaks, according to a proposed class action filed in state court.

  • September 25, 2026

    Calif. Forecast: Aya Healthcare Wants Wage Arb. Bid Back On

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in Aya Healthcare Services Inc.'s attempt to revive a motion to compel arbitration in a wage and hour suit by travel clinicians. Here's a look at that case and other labor and employment matters on deck in California.

  • September 25, 2026

    NextEra's $9.5M Deal In Wage-Fixing Case Gets Initial OK

    A Maryland federal judge gave preliminary approval to a settlement agreement that would see NextEra Energy pay $9.5 million to resolve class action allegations it conspired with other nuclear energy producers to fix worker wages.

Expert Analysis

  • Lessons As Joint Employer Suits Shift From Rare To Routine

    Author Photo

    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

    Author Photo

    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

    Author Photo

    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

    Author Photo

    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

    Author Photo

    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

    Author Photo

    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

    Author Photo

    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

    Author Photo

    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

    Author Photo

    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

    Author Photo

    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

    Author Photo

    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

    Author Photo

    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.