Wage & Hour

  • July 31, 2026

    Wage & Hour Features Revisited: Where Collectives Stand

    From a look at where Fair Labor Standards Act collectives stand a year after rulings in the Seventh and Ninth circuits, to a California law that clarifies whether exemptions from federal arbitration requirements apply to state law, catch up on Law360 Employment Authority's wage and hour stories from July.

  • July 31, 2026

    Calif. Forecast: Chan Zuckerberg Initiative Fights Bias Suit

    In the week ahead, attorneys should watch for a hearing on the Chan Zuckerberg Initiative's motion to send gender discrimination claims to arbitration. Here's a look at that case and other labor and employment matters on deck in California.

  • July 31, 2026

    Food Delivery Drivers' $24.8M Deal Gets OK, Atty Fees Cut

    Food delivery drivers who claimed that Grubhub misclassified them as independent contractors secured final approval of a $24.8 million settlement in California federal court, though a judge cut class counsel's requested attorney fees by more than $2 million.

  • July 31, 2026

    Call Center Tells 6th Circ. Boot-Up Time Not Compensable

    A healthcare call center told the Sixth Circuit that remote employees are not entitled to pay for booting up and logging in to work computers, arguing those steps are no different from passing through a workplace security checkpoint.

  • July 31, 2026

    Club Owner Seeks To End Dancer's Retaliation Suit Again

    A Portland strip club's co-owner has renewed his bid to end a dancer's retaliation lawsuit in Oregon federal court, arguing that the cancellation of a one-time $50 performance does not rise to the level of harm needed to sustain a federal retaliation claim.

  • July 31, 2026

    NY Forecast: Judge Weighs Toss Of State Police Bias Suit

    This week, a federal judge will consider the New York State Police's attempt to toss a suit brought by a former lieutenant who claimed that he was passed over for promotions dozens of times in favor of white candidates.

  • July 31, 2026

    Collective Cert. Still Steady 1 Year After 7th Circ.'s Lilly Ruling

    The Seventh Circuit's new standard for certifying collective actions, introduced a year ago in an age discrimination case against pharmaceutical company Eli Lilly, has turned out to be less onerous than certification standards recently established by other circuits and hasn't significantly impacted notice distribution, wage and hour attorneys say.

  • July 30, 2026

    Home Improvement Co.'s Arbitration Bid Tests FLSA Suit

    A Colorado federal judge Thursday ended a motion hearing, uncertain if an arbitration agreement between a home improvement company and a group of former employees who claim they were misclassified as independent contractors is still valid even if the forum they agreed to arbitrate in changed.

  • July 30, 2026

    Ex-CEO Pulls Credit Union Subsidiary Into Firing Suit

    The former chief executive of Sound Federal Credit Union can draw a management entity that he is accused of shortchanging into a lawsuit stemming from his termination, a Connecticut state judge has ruled, apparently as an alternative to dismissing portions of two counterclaims.

  • July 30, 2026

    Meta Pay Transparency Suit Paused Amid TikTok Appeal

    A Washington state judge paused a proposed class action against Meta and related entities over its alleged omission of pay information from job postings, finding an appellate ruling in a similar suit against TikTok could determine whether class treatment is appropriate.

  • July 30, 2026

    Insurance Sales Agents Win Conditional Cert. In Pay Suit

    A New Jersey federal magistrate judge conditionally certified a collective of insurance sales agents, finding they offered more than speculation that common policies deprived them of pay for computer work and bonuses.

  • July 30, 2026

    Arnall Golden Adds Freeman Mathis Atty To Employment Team

    Arnall Golden Gregory LLP announced Thursday the firm has brought on a Freeman Mathis & Gary LLP partner in its Atlanta office, bolstering its litigation and dispute resolution and employment practices.

  • July 30, 2026

    Fred Meyer Workers Seek Class Status In Moonlighting Suit

    Four Fred Meyer workers accusing the retailer of unlawfully restricting employees' second jobs asked a Washington federal judge to certify a proposed class, saying all members earned less than twice the state minimum wage and faced the same limits on working for competitors.

  • July 30, 2026

    NY AG Secures $440K For Eatery Staffers Over Long-Shift Pay

    New York Attorney General Letitia James announced Thursday that she had secured $440,000 from two Denny's franchise operators that failed to pay more than 1,900 workers extra wages required by state law for shifts exceeding 10 hours.

  • July 30, 2026

    Workers Can't Appeal After $1.4M Wage Deal, Pa. Panel Says

    A Pennsylvania appeals court rejected a certified class's challenge after a $1.4 million wage settlement, ruling that parties who agree to a judgment generally cannot appeal unless the judgment allows it or the record shows the parties anticipated one.

  • July 30, 2026

    DOL Chief Nom Sonderling To Get Full Senate Vote

    The U.S. Senate Health, Education, Labor and Pensions Committee voted Thursday in favor of sending acting Labor Secretary Keith Sonderling's nomination to the full Senate for a confirmation vote despite Democrats' concerns during a recent hearing about the department's proposed wage and hour rules.

  • July 30, 2026

    Dem Bill Would End Forced Arbitration In Workplace Disputes

    Democratic lawmakers reintroduced a bill Thursday that would eliminate mandatory arbitration agreements in employment contracts and enhance workers' ability to band together to challenge unlawful employment practices.

  • July 29, 2026

    NJ Settles Trucking Co. Misclassification Suit For $2.8M

    New Jersey has reached a settlement with a shipping and logistics company that misclassified hundreds of truck drivers as independent contractors, the state attorney general and labor commissioner announced Wednesday, marking the first resolution of a lawsuit brought under a 2021 state law allowing the government to sue employers directly for worker misclassification.

  • July 29, 2026

    Sysco Accused Of Logging Drivers' Work As Breaks

    Sysco Corp. and a subsidiary automatically logged California delivery drivers as taking breaks whenever their trucks remained stationary for more than 30 minutes, even when they kept working, a former driver alleged in a proposed class action in Los Angeles County Superior Court.

  • July 29, 2026

    DOL Says Beekeeper Underpaid, Endangered H-2A Workers

    The U.S. Department of Labor sued a beekeeping business and its owner in Washington federal court Wednesday, alleging they underpaid H-2A workers, housed them in a rat-infested trailer and pressured an employee to conceal a workplace injury that nearly cost him a finger.

  • July 29, 2026

    Judge Says Jet Co. Should Escape Sex, Pay Bias Claims

    A former private jet company executive failed to plausibly allege that she was denied a promotion, underpaid, subjected to a hostile workplace or forced to resign because she is a woman, a North Carolina federal magistrate judge said in recommending dismissal of her federal claims.

  • July 29, 2026

    9th Circ. Says Aviation Co. Waived Arbitration In Wage Suit

    An aviation company that spent over two years litigating a wage and hour class action in federal court before seeking arbitration lost its chance to compel individual arbitration, the Ninth Circuit ruled, saying the company's prolonged litigation conduct amounted to a waiver of its arbitration rights.

  • July 28, 2026

    Amazon To Pay $2M To End Suit Over Rest Breaks In Wash.

    Amazon will pay $2 million to resolve Amazon Fresh and Amazon Go store workers' accusations that the e-commerce giant failed to provide them with meal and rest breaks required under Washington state law, according to a settlement given final approval by a Pierce County judge.

  • July 28, 2026

    Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

    DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashers were covered workers under state law since their personal labor was the essence of their contracts.

  • July 28, 2026

    Counsel's Conduct Can't Decertify Server Class In Tips Suit

    A Connecticut state judge refused to decertify a class of steakhouse servers alleging they were shorted on wages for untipped work, ruling their attorney's emotional and unprofessional conduct did not cast serious doubt on the court's ability to reach a just outcome.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.