Wage & Hour

  • September 04, 2026

    Medical Issues Got Steel Co. Worker Fired, FMLA Suit Says

    A Mississippi steel company fired a machine operator in retaliation for taking time off work to treat medical issues stemming from his kidney failure, according to the former employee's suit filed in federal court.

  • September 04, 2026

    Bowling Venue Workers Win Collective Status In Tip Suit

    Servers and bartenders who claim an operator of bowling venues improperly kept or shared their tips with nontipped workers can proceed as a collective, a Texas federal magistrate judge ruled.

  • September 03, 2026

    Mass. Dunkin' Owners, Temp Firms Owe $1.4M For Violations

    The owners of 20 Dunkin' franchises across eastern Massachusetts and two staffing agencies have been fined $1.46 million for multiple state labor violations, including designating store workers as independent contractors and late paychecks, the state attorney general said Thursday.

  • September 03, 2026

    Worker Says Colo. Mining Co. Shorted Pay, Including Overtime

    A uranium mining company operating in Wyoming shorted hourly workers' pay by rounding down workers' recorded time and removing bonuses from overtime rate calculations, according to a proposed class and collective action filed Thursday in Colorado federal court.

  • September 03, 2026

    Ambulance Co. Settles Paramedics' Suit Over Sleep Deduction

    A Texas ambulance company and a group of paramedics and emergency medical technicians have agreed to end a lawsuit alleging the company automatically deducted time for sleep breaks during 24-hour shifts and excluded bonuses from overtime calculations, according to a filing in federal court Thursday.

  • September 03, 2026

    Pa. Opens Home Care Wage Probes Covering 100K Workers

    Pennsylvania is planning to step up enforcement of wage laws for home care employees, the state's labor secretary has announced, saying these workers are particularly vulnerable to wage theft.

  • September 03, 2026

    Topgolf Settles Ga. Servers' Minimum Wage Suit

    Topgolf settled a proposed collective action accusing the chain of underpaying servers by improperly taking a tip credit, according to a Georgia federal judge's order approving the deal.

  • September 03, 2026

    Restaurant Can't Dodge Bulk Of Black Workers' Bias Suit

    A New York federal judge narrowed but declined to fully toss a suit from four Black servers who claimed that they were racially discriminated against and sexually harassed by male managers at a Mexican restaurant, ruling they presented enough evidence to show that prejudice may have plagued the workplace.

  • September 03, 2026

    Worker Says Construction Co. Fired Him Over Age, Med Leave

    A construction data and consulting firm fired an employee because he was over 40 and took time off to recover from a heart attack, according to a lawsuit filed in New Jersey state court.

  • September 03, 2026

    Ex-Oilfield Tech Fights Bid To Arbitrate Wage Claims

    A former field technician urged a California federal judge to reject an oilfield services company's bid to arbitrate his wage claims, saying the company only gave him the signature page of its arbitration program and made him sign it to work, and the agreement contains several unfair terms.

  • September 03, 2026

    Virginia Labor Secretary Talks Beefing Up Wage Enforcement

    The Virginia Department of Labor and Industry is launching a wage protection division, a priority in line with the state labor secretary's previous work as President Joe Biden's wage chief. Jessica Looman spoke with Law360 about hiring wage investigators, new state laws and filling in the gaps of the federal government.

  • September 03, 2026

    AI Co. Misclassified Data Trainers As Contractors, Suit Says

    An artificial intelligence data labeling company misclassified workers who performed AI training and annotation tasks as independent contractors, denying them wages, overtime pay and meal and rest breaks they were owed under California law, a former data trainer alleged in a proposed class action in state court.

  • September 03, 2026

    Miss. Nursing Homes Say OT Discovery Must Stay Paused

    Several nursing homes urged a Mississippi federal judge to keep discovery paused in a proposed overtime collective action, arguing that a former certified nursing assistant first must show that the court has jurisdiction over her claims against entities that deny employing her.

  • September 03, 2026

    Discovery Needed In Shoe Co. OT Collective Bid, Judge Says

    A North Carolina federal court denied a bid by two footwear store managers to notify thousands of potential opt-in workers about their off-the-clock overtime lawsuit Thursday, ordering the parties to complete limited precertification discovery before the court considers whether to certify a nationwide collective.

  • September 02, 2026

    Home Care Aides Win Fees After Co. Defied Court Orders

    A New York federal court ordered a home healthcare company to pay legal fees after finding it repeatedly ignored court orders to hand over documents in a wage suit brought by 14 home care workers, while stopping short of the default judgment the workers sought.

  • September 02, 2026

    NYC Delivery Worker 'Hub' Paves Path For Wage Complaints

    A New York City "hub" for food delivery workers that provides battery charging and space for bicycle maintenance has also been helping them file wage and hour complaints with the city, which has recently added a minimum pay standard and other protections.

  • September 02, 2026

    Towing Co. Prez Can't Pierce Corporate Veil In Driver OT Suit

    The president of a Texas towing company cannot escape a proposed collective action accusing the business of misclassifying tow truck drivers and denying them overtime, a federal judge ruled, finding the worker sufficiently alleged that the president exercised operational control over employees.

  • September 02, 2026

    5th Circ. Affirms OT-Exempt Status For Oil Field Drillers

    The Fifth Circuit affirmed a lower court ruling on Wednesday that found oil field directional drillers at an oil services company exempt from overtime pay, finding that a prior decision involving the same company, pay plan and job forecloses the workers' arguments.

  • September 02, 2026

    NJ AG Seeks Expedited Discovery In Amazon Antitrust Suit

    New Jersey's attorney general has asked a federal court for leave to file a motion for expedited discovery in a federal antitrust suit claiming that Amazon has unlawfully maintained its dominant buying power in the delivery driver services market, claiming there is an "immediate need" for discovery in the case.

  • September 02, 2026

    Judge Recommends $3.2M For Pizzeria Workers In Pay Suit

    Former pizzeria employees should receive about $3.2 million after the operators defaulted in a wage suit, a New York federal magistrate judge recommended, finding that the companies and their owner jointly employed the workers and were liable for many of their wage claims.

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    Treatment Centers Cited Over Unpaid Work By Patients

    Massachusetts' attorney general on Tuesday announced a first-of-its-kind citation of over $1 million against a faith-based substance use treatment program for allegedly having hundreds of participants perform unpaid work, including landscaping and moving, for businesses.

  • September 01, 2026

    Dunkin' Worker Drops Suit Over AI Tip Inquiry Firing

    A Connecticut woman who alleged she was fired from a Dunkin' franchise after using artificial intelligence to research whether her employer could legally withhold tips has dropped her lawsuit, state court records show.

  • September 01, 2026

    GEO Seeks Split Trial In Colo. Detainee Labor Suit

    Private prison operator The GEO Group Inc. urged a Colorado federal judge to split an upcoming trial over allegations that it unlawfully profited from detainee labor, saying financial evidence should either stay out of the case entirely or be reserved for a later phase on the amount of punitive damages.

Expert Analysis

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.