Wage & Hour

  • February 10, 2026

    Uber, DoorDash Defend Bid To Pause NYC Tip Prompt Laws

    Uber Technologies Inc. and DoorDash Inc. have urged the Second Circuit to temporarily block New York City laws regulating how they display gratuity options, arguing the city may not attempt to increase delivery workers' pay indirectly by forcing private companies to encourage customers to leave tips.

  • February 10, 2026

    Tech Co. Ex-Workers Must Arbitrate Expenses Fight

    Two opt-in workers signed arbitration agreements with a customer experience technology company, and thus their expense claims cannot remain in court, a Colorado federal judge ruled, administratively closing the case.

  • February 09, 2026

    Mich. Medical Device Co. Sued Over Calif. Employee OT Pay

    A Michigan-based medical device company was hit with a potential class action alleging the company failed to pay its quality control inspectors in California a premium overtime rate or allow them to leave the building during their breaks.

  • February 09, 2026

    Nuclear Power Workers Defend Wage-Fixing Suit

    Former nuclear power plant workers urged a Maryland federal judge not to let Constellation Energy, DTE Energy, Duke Energy, NextEra Energy and others duck a proposed class action alleging a wage-fixing conspiracy that allegedly spanned "100% of the nuclear power generation labor market."

  • February 09, 2026

    Jury Awards $41K In Legal Assistant's Pregnancy Bias Suit

    A New Mexico federal jury has awarded a former legal assistant over $41,000 in damages in her suit alleging that a personal injury law firm forced her to resign after she disclosed her pregnancy.

  • February 09, 2026

    Co. Underpaid JFK Airport Bartenders For Years, Suit Says

    An operator of bars and restaurants at John F. Kennedy International Airport underpaid employees for years by unlawfully taking a tip credit, requiring off-the-clock work and undermining seniority protections guaranteed by a labor contract, two former bartenders alleged in a proposed class and collective action filed in New York federal court.

  • February 09, 2026

    Guam Can't Appeal Military Leave Suit Loss At 9th Circ.

    A retirement fund for Guam government employees did not meet the standard for an immediate appeal of a ruling that its leave-sharing program violates federal military service protections, a federal judge ruled Monday, denying the territory's and fund's Ninth Circuit bid.

  • February 09, 2026

    Employment Group Of The Year: Seyfarth

    Seyfarth Shaw LLP's employment team locked in an arbitration win for an energy company accused of wage violations, successfully defended Seattle in a pandemic-related battle and shut down a long-running California labor code suit against Columbia Sportswear, earning the firm a place among the 2025 Law360 Employment Groups of the Year.

  • February 09, 2026

    Conn. Atty Sanctioned For Another Case Of AI Misuse

    A Connecticut labor litigator's vow to permanently cease using generative artificial intelligence tools in his practice after he allowed AI-generated errors to appear in separate but similar June filings has weighed in his favor as a Bridgeport federal judge ordered sanctions against the attorney.

  • February 06, 2026

    Starbucks Gets Mo.'s 'Speculative' DEI Bias Suit Thrown Out

    A Missouri federal judge dismissed the state's suit claiming that Starbucks' diversity policies discriminate based on race and gender, finding that its complaint is "devoid of non-conclusory and non-speculative allegations establishing any actual, concrete and particularized injuries to Missouri citizens."

  • February 06, 2026

    5th Circ. Backs Texas Farm Bureau In Ex-Manager's OT Suit

    The Fifth Circuit found Friday that a former Texas Farm Bureau agency manager failed to prove his old employer owes him overtime pay, saying the ex-employee didn't show that the Farm Bureau knew he was working overtime.

  • February 06, 2026

    Deputies Say Wayne County Flubbed Payroll System Switch

    Wayne County, Michigan, is facing a proposed class and collective action from sheriff's deputies alleging they were denied straight-time wages, overtime and earned benefits after the implementation of a new payroll system.

  • February 06, 2026

    Future Of NJ's ABC Test Unclear Amid New Governor's Freeze

    New Jersey employers should follow the state's ABC test for independent contractor classification that comes from case law while the new governor decides how to proceed with a rule her predecessor proposed to codify that test, attorneys said.

  • February 06, 2026

    Ex-President Accuses Physician AI Co. Of Fraud, Wage Theft

    A data science platform and its top brass persuaded its former chief strategy officer and president to invest $750,000 in the business, only then to not pay him wages, the former employee told a North Carolina federal court, claiming he's owed more than $430,000 in commission wages.

  • February 06, 2026

    Hard Rock NY Workers Get Conditional Cert. in Wage Suit

    Restaurant workers at eateries inside the New York City Hard Rock Hotel who accused their employer of stiffing them on pay for all hours worked, automatically deducting meal breaks and improperly managing tips can proceed as a collective, a New York federal magistrate judge ruled.

  • February 06, 2026

    NC Restaurants Say They Didn't 'Keep' Tips In DOL Wage Suit

    Two North Carolina restaurants urged a federal court Friday to narrow a U.S. Department of Labor lawsuit alleging they unlawfully kept and pooled tips from front-of-house workers and allocated the funds to tip-ineligible back-of-house employees, arguing they did not "keep" the tips by distributing them to nontipped workers.

  • February 06, 2026

    NY Forecast: Home Aides Ask For Preliminary OK Of $6M Deal

    This week, a New York federal magistrate judge will consider granting preliminary approval to a $6 million class action settlement resolving allegations from home health aides who claimed a provider did not pay them for all hours they worked during live-in shifts.

  • February 06, 2026

    FLSA Does Not Bar Claim Waivers, Wash. Judge Says

    The Fair Labor Standards Act does not categorically bar a contract's release of an employee's claims, a Washington federal judge ruled, finding that a former pharmaceutical manufacturing company worker's severance agreement that included a general release of claims precludes his wage suit.

  • February 06, 2026

    Calif. Forecast: 9th Circ. To Hear Utility District Bias Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a discrimination case against a utility district. Here's a look at that case and other labor and employment matters on deck in California.

  • February 06, 2026

    DOL Rolls Out New Minimum Wage For Federal Contractors

    The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.

  • February 05, 2026

    Tesla Applicants Fight Uphill To Keep H-1B Visa Bias Suit Alive

    A California federal judge appeared open Thursday to tossing a proposed class action alleging Tesla discriminates against American workers by favoring allegedly underpaid H-1B visa holders, telling counsel repeatedly during a hearing the allegations seem to be "speculation."

  • February 05, 2026

    Elevance Fights Nurses' '11th Hour' Class Expansion

    Health insurer Elevance told a North Carolina federal court that it should deny a former nurse's attempt to expand a class definition in her overtime-exempt misclassification lawsuit, arguing that the reworked definition would entirely upend the litigation and prejudice the insurer.

  • February 05, 2026

    DOL Must Pay Retaliation Suit Atty Fees, Farm HR Head Says

    The U.S. Department of Labor should pay attorney fees and expenses that a human resources manager at a Tennessee pork farm incurred to defend the agency's retaliation suit, the manager told a federal court Thursday, saying the department failed to investigate the claims against her before suing.

  • February 05, 2026

    Red Lobster Wants Worker's Wage Suit Sent To Arbitration

    A Red Lobster worker must pursue her Illinois wage claims in arbitration rather than federal court because she agreed to arbitrate employment disputes when she was rehired, the restaurant chain said Thursday.

  • February 05, 2026

    NYC Issues Proposed Rules On Upcoming Sick Time Changes

    The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.

Expert Analysis

  • Calif. Justices Usher In Stricter Era For Wage Law Ignorance

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    In Iloff v. LaPaille, the California Supreme Court determined that neither an employer's ignorance of wage obligations nor a worker agreeing to an unconventional arrangement is sufficient to establish good faith, demonstrating that the era of casual wage arrangements without legal vetting is over, says Brandy Alonzo-Mayland at Michelman & Robinson.

  • Wash. Ruling Raises Pay Transparency Litigation Risk

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    Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.

  • A Mortgage Lender's Guide To State Licensing Overhaul

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    Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    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

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    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

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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.