Wage & Hour

  • August 27, 2026

    NY Lawyer's Wage, Bias Suit Tossed Over Venue

    A New York federal judge has tossed an attorney's wage and hour and race discrimination suit against Oklahoma-based Arnold & Smith Law, finding that the Eastern District of New York was the wrong venue because the events underlying her federal claims occurred elsewhere.

  • August 26, 2026

    House Committee Wants DOL IG To Widen Info-Sharing Probe

    Top House Education and Workforce Committee Republicans urged the U.S. Department of Labor's watchdog Wednesday to expand its review of information-sharing arrangements with outside groups, asking whether three additional agencies improperly disclosed confidential investigative material during the Biden administration.

  • August 26, 2026

    O'Reilly Worker Says Auto Retailer Shorted Breaks, Sick Pay

    A retail worker for an O'Reilly Auto Parts subsidiary has accused the company of failing to pay Washington state employees for missed meal breaks and post-shift work, part of an alleged systematic practice of undercompensation in which workers are also restricted from discussing their wages with others.

  • August 26, 2026

    'A Bad Argument': Southwest's Filing In FMLA Suit Irks Judge

    A California federal judge on Wednesday criticized counsel representing Southwest Airlines in a certified employment class action for filing an untimely and overbroad motion, saying Southwest's attorney was making "a bad argument" and telling counsel, "You guys should not have done that."

  • August 26, 2026

    Court Rules DOL's H-2A Farmworker Wage Rule Unlawful

    A California federal court found unlawful a U.S. Department of Labor rule overhauling minimum wage rate calculations for H-2A temporary agricultural workers, ruling four rule components were arbitrary and capricious and the agency bypassed required rulemaking procedures without adequate justification while declining to immediately vacate the rule.

  • August 26, 2026

    Translation Co. Wants Quick Appeal Of PAGA Timing Ruling

    A translation services company asked a California federal judge to let it immediately appeal a ruling that kept alive a former worker's Private Attorneys General Act claim based on an alleged wage-statement violation, saying the dispute presents a novel question over when such claims accrue.

  • August 26, 2026

    Candy Factory Worker Says Preshift Time Wasn't Paid

    A Chicago candy manufacturer required hundreds of hourly workers to spend 15 to 20 minutes changing into uniforms, boots and hair nets before clocking in, resulting in unpaid overtime hours, a warehouse forklift operator told an Illinois federal court. 

  • August 26, 2026

    Del. Police Captains' OT Exemption Fight Heads To Trial

    A Delaware federal court has declined to rule before trial on whether Wilmington police captains are exempt from overtime pay, finding genuine factual disputes about whether their primary duty is frontline law enforcement or management that only a jury can resolve.

  • August 26, 2026

    Pillsbury Settles Ex-Recruiting Director's Pregnancy Bias Suit

    Pillsbury Winthrop Shaw Pittman LLP has settled a Black former director's suit claiming the law firm fired her weeks after she shared that she was pregnant and would need accommodations, according to a Tennessee federal court filing.

  • August 25, 2026

    Health Exec Says CFO, Atty Knew Wage Claim Was Wrong

    A former corporate officer has sued his ex-colleague and the colleague's attorney in Connecticut state court, alleging they named him as a personal defendant in a federal wage lawsuit without any factual basis and with the intent to pressure his company into settling claims it disputed.

  • August 25, 2026

    BofA Looks To Crush Mortgage Officers' Collective In OT Suit

    Bank of America told a North Carolina federal judge on Tuesday that the individualized nature of a group of mortgage loan officers' jobs makes collective certification impossible in their overtime suit, saying there are multiple exemptions that could apply to any given officer.

  • August 25, 2026

    9th Circ. Ruling Creates Wage Arbitration Escape Hatch

    A Ninth Circuit ruling that a worker can abandon arbitration after discovering and adding a sexual harassment allegation creates a pathway to keeping wage and hour claims in court, which could have worker-side attorneys on the lookout for such additional claims, attorneys said.

  • August 25, 2026

    Potato Processor Fights Collective Bid In Break, OT Suit

    A Washington potato processor urged a federal judge to reject a former forklift driver's bid to conditionally certify a statewide collective of hourly workers who say they were denied pay for automatically deducted meal breaks and pre-shift work.

  • August 25, 2026

    Greenberg Traurig Adds Morgan Lewis Employment Attorney

    A veteran Morgan Lewis & Bockius LLP employment attorney in Miami has moved her practice to Greenberg Traurig LLP, the firm announced Tuesday.

  • August 25, 2026

    Construction Groups, DOL Revive Davis-Bacon Rule Fight

    Construction groups and the U.S. Department of Labor have asked a Texas federal court to rule on dueling early win bids in a challenge to 2023 Davis-Bacon Act regulations, saying a series of stays that paused the case while the government reviewed the rules are no longer necessary.

  • August 25, 2026

    Mass. Eatery Workers Sue Chain Over Tip, Wage Violations

    A former server and bartender at a Massachusetts restaurant chain is accusing the company in a state court suit of improperly paying tipped workers the subminimum service rate for nontipped side work, sending workers home early without their full wages and unlawfully deducting fees from employees' tips.

  • August 24, 2026

    Health System Must Face Nurse's Meal Break Wage Suit

    A Michigan federal court has refused to dismiss a proposed collective action brought by a nurse who alleged that Trinity Health Corp. failed to pay patient care workers for meal breaks regularly interrupted by patient care duties, finding that the complaint adequately alleges that the large Catholic health system qualifies as his employer under federal wage law.

  • August 24, 2026

    DaVita Defeats Nurse Overtime Collective Bid

    A Colorado federal judge refused to conditionally certify a 41-state collective of DaVita nurses and technicians who say the company denied them overtime by failing to pay for short rest breaks, finding too little evidence of a companywide practice.

  • August 24, 2026

    Auto Co. Workers Net Deal In Wage Fight After Expert Axed

    An automotive parts seller has staved off joint trials in North Carolina federal court after reaching deals with 11 workers in parallel wage cases, according to notices filed over the weekend indicating the employees accepted separate offers of judgment.

  • August 24, 2026

    Humana Strikes Deal To Wrap Up Nurse's FLSA Suit

    Humana Inc. and a nurse who sued the health insurer in Georgia federal court for allegedly skimping on overtime pay have reached a deal to bring her proposed collective action to a close.

  • August 24, 2026

    2nd Circ. Backs Amazon Workers After Conn. High Court Win

    The Second Circuit Monday vacated Amazon's temporary win in a wage class action, saying the Connecticut Supreme Court's more recent conclusion that state law requires compensation for employee time spent awaiting and undergoing mandatory security screenings is "squarely at odds" with a federal district judge's original decision.

  • August 24, 2026

    NYC Fights Officers' Bid To Shield Dog Care Records

    New York City has pushed back against a protective order sought by police dog handlers who allege the city owes them overtime for caring for their dogs at home, arguing in New York federal court that the workers have withheld key documents and failed to provide an adequate computation of their claimed damages.

  • August 24, 2026

    Firm Blames AAA Check Flub For Workers' Axed Arbitration

    A New Jersey personal injury firm says it should not be held responsible and sanctioned for the termination of arbitration proceedings for former employees, telling a state court that the American Arbitration Association had seemingly lost its check for a $6,550 payment.

  • August 24, 2026

    Staffing Co. Says Wage Suit Propped Up By Contradictions

    Manual laborers pursuing wage claims against a staffing company have contradicted their own deposition testimony and failed to raise genuine disputes about whether they were paid for all hours worked, the company told a North Carolina federal court, defending its effort to end the suit.

  • August 24, 2026

    Mich. Judge OKs $100K Deal Over OT Suit Against Strip Club

    A Michigan federal judge on Monday gave the green light to a $100,000 settlement resolving a six-year collective action alleging a Detroit strip club violated federal wage laws by misclassifying its dancers as independent contractors, who are paid only in consumer tips, and failing to pay them minimum wage and overtime.

Expert Analysis

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.