Wage & Hour

  • May 28, 2026

    Home Care Co. Cites Justices' Immigration Ruling In Pay Row

    A recent U.S. Supreme Court decision finding that a lower court abused its discretion by relying on arguments the parties never raised supports a home care company's bid to undo a Sixth Circuit ruling affirming nearly $15 million in overtime liability, the company told the appeals court.

  • May 28, 2026

    Amtrak's PTO Accrual Rule Violates CBAs, Unions Tell Court

    Amtrak violated its collective bargaining agreements with two unions by allowing only workers who were actively employed on the 15th day of the month to accrue paid time off, the unions told a District of Columbia federal court.

  • May 28, 2026

    Construction Groups, DOL Agree To End DBA Rule Fight

    The U.S. Department of Labor will not oppose a bid by construction industry groups to permanently wipe out three provisions of a Biden-era Davis-Bacon Act rule that a Texas federal court has already blocked nationwide.

  • May 28, 2026

    7th Circ. Backs Benefits Co.'s Win In Race Bias, Pay Suit

    The Seventh Circuit affirmed a medical benefits management company's win in a Black former business analyst's suit alleging she was denied higher pay and promotions because of her race, saying she failed to show the company's stated reasons were a cover for discrimination.

  • May 28, 2026

    Security Guards Drop Unpaid Travel Time Suit

    Two security guards dropped their proposed class and collective action that alleged a security company in Washington, D.C., failed to pay workers for time spent traveling between jobsites, according to a filing Wednesday in D.C. federal court.

  • May 28, 2026

    Justices Say 'Last-Mile' Drivers Can Skip Arbitration

    An exemption to federal arbitration requirements for workers engaged in interstate commerce can extend to what are known as last-mile drivers who locally deliver goods that travel interstate, the U.S. Supreme Court held Thursday, resolving an issue that lingered after previous high court decisions.

  • May 27, 2026

    Colo. Panel Questions Trial Court's Reading Of Wage Laws

    The Colorado Court of Appeals appeared poised Wednesday to revive the retaliation claims of a former human services caseworker against the county department she had worked for, pushing back on a lower court's interpretation of statutes meant to close gender pay gaps.

  • May 27, 2026

    Boeing Says Workers Can't Earn Pay For Shuttle Wait Time

    Boeing has asked a South Carolina federal court to toss a proposed class and collective action brought by workers who say the aerospace giant failed to pay them for time spent waiting for and riding shuttles between a remote parking lot and its 787 Dreamliner manufacturing facility, arguing that such commute time is not compensable under federal law.

  • May 27, 2026

    3rd Circ. Asks If Denny's Must Notify Servers Of Notification

    The Third Circuit appeared startled Wednesday at the notion that the Fair Labor Standards Act requires employers to notify workers that they're required to notify them of various aspects of the wage law, as Denny's seeks to overturn certification of a server's suit accusing it of violating the act's disclosure requirement.

  • May 27, 2026

    3 Places Where The Tip Credit Debate Is Playing Out

    At least two major jurisdictions over the past year have seen back-and-forth efforts regarding whether to proceed with planned phase-outs of the tipped minimum wage, while voters in a third place decided against such a phase-out altogether. Here, Law360 explores three hotbeds for the issue.

  • May 27, 2026

    DC Circ. Backs Fired Employee In Salary Spreadsheet Case

    The D.C. Circuit on Tuesday partially upheld a National Labor Relations Board decision finding that a Vermont software company illegally fired an employee for creating a spreadsheet to help coworkers compare salaries, but found the board relied on protected activity unrelated to the subject of the complaint in the case to find the company illegally fired three other workers.

  • May 27, 2026

    Baseball Podcaster Sued By Ex-Producer Over Pay

    Baseball podcaster Jared Carrabis and his production company were hit with a proposed class action in Massachusetts on Wednesday by a former producer who says Carrabis used the end of a sponsorship deal to stop paying him and other personnel on his podcasts at the end of February.

  • May 27, 2026

    American Airlines Can't Duck Flight Attendants' OT Suit

    An Illinois federal judge Tuesday refused to dismiss a putative class action brought by flight attendants alleging American Airlines failed to properly compensate them for overtime work, saying the airline's argument that their claims are preempted and require interpreting collective bargaining agreements is premature.

  • May 27, 2026

    Healthcare Cos. Say 6th Circ. Ruling Bars Nurse's Wage Suit

    Two healthcare companies urged a Tennessee federal court to reconsider its order allowing additional discovery in a nurse's proposed collective action, arguing that a recent Sixth Circuit ruling forecloses a theory that workers must be paid for meal periods spent while on call to respond to patients.

  • May 27, 2026

    DOL Won't Raise 2026 Penalties After Shutdown Data Gap

    The U.S. Department of Labor said Wednesday it will not increase its civil monetary penalties for 2026 because the federal government shutdown last fall kept the Bureau of Labor Statistics from publishing the inflation data needed to calculate the annual adjustment.

  • May 27, 2026

    Seyfarth Adds Davis Wright Duo To Seattle Wage-Hour Team

    Seyfarth Shaw LLP announced on Tuesday that it has brought on a pair of labor and employment attorneys from Davis Wright Tremaine LLP to its Seattle office, citing the growth of wage-and-hour litigation in Washington.

  • May 27, 2026

    DOL's Wage Rule For Immigrant Workers Gets Mixed Input

    The U.S. Department of Labor's proposed rule to raise prevailing wages for certain immigrant workers drew criticism from organizations such as the U.S. Chamber of Commerce, calling the suggested wages unrealistic, while others said the rule is necessary to protect American workers.

  • May 27, 2026

    Cable Workers Fight Telecom Cos.' Bid To Force Arbitration

    Cable technicians who sued several telecommunications companies for misclassifying them as independent contractors told a Virginia federal court that Comcast and a related company cannot force their claims into arbitration because neither ever signed an arbitration agreement with the workers.

  • May 26, 2026

    4th Circ. Shuts Down Suit Against PE Firm Over Plant Closure

    The Fourth Circuit refused Tuesday to reopen a proposed class action claiming a private equity firm violated federal laws by abruptly shutting down a manufacturing plant, ruling decades-old U.S. Supreme Court precedent barred the former workers from suing simply to collect on a judgment against the manufacturer.

  • May 26, 2026

    Mitsubishi Workers' Attys Get $180K From Wage Deal

    Mitsubishi Electric Automotive America Inc. will fund approximately $180,000 in attorney fees and costs as part of a $515,000 settlement resolving claims that it used a time-rounding policy that shorted workers at Ohio and Kentucky facilities, after an Ohio federal judge granted the deal final approval Tuesday.

  • May 26, 2026

    Kroger Unit Pressured Workers To Forgo Breaks, Suit Says

    Grocery chain Fred Meyer Stores Inc. and its parent company, Kroger, failed to pay workers minimum and overtime wages, denied them meal and rest breaks and manipulated their time records to systematically underpay them, according to a proposed class action removed to Washington federal court.

  • May 26, 2026

    J&J Strikes Deal To End Ex-Engineer's FMLA Claims

    A former Johnson & Johnson engineer and the company have agreed to end his lawsuit alleging the medical device maker retaliated against him for taking parental and medical leave, according to a Tuesday filing in Massachusetts federal court.

  • May 26, 2026

    Wage Disclosure Suit Doesn't Trigger Coverage, Judge Says

    A federal judge has sided with a Tokio Marine Holdings Inc. unit in a coverage dispute over a Washington Equal Pay and Opportunities Act class action, finding that an alleged failure to disclose salary ranges in job postings does not qualify as discrimination under the restaurant operator's employment practices liability insurance policy.

  • May 26, 2026

    Comerica Agents Owed OT For Boot-Up Time, Suit Says

    Comerica failed to pay customer service workers for preshift computer start-up time and work performed during unpaid meal breaks, a former call center agent alleged in a proposed collective and class action filed in Michigan federal court.

  • May 26, 2026

    Event Co. Workers Seek Initial OK For $180K OT, Tip Pool Deal

    Two former event company workers who alleged their employer shorted them on overtime pay and improperly cut managers into tip pools asked a Georgia federal court to approve a $180,000 settlement, according to a joint motion in the Northern District of Georgia.

Expert Analysis

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Dissecting House And Senate's Differing No-Tax-On-Tips Bills

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    Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • What Employers Should Know Ahead Of H-2B Visa Changes

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    Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.

  • Int'l Athletes' Wages Should Be On-Campus Employment

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    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

  • 4 Trends Responsible For Declining FLSA Filings

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    In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.