Wage & Hour

  • March 20, 2026

    White House Pushes Congress To Override State AI Laws

    The White House directed Congress to preempt "burdensome" state laws on artificial intelligence in a legislative framework released Friday.

  • March 20, 2026

    2nd-Try Senate Bill Seeks Min. Wage For Workers Behind Bars

    Sen. Cory Booker, D-N.J., reintroduced a bill that would allow incarcerated workers to receive the minimum wage under the Fair Labor Standards Act, a push that the senator said would end "exploitative practices in correctional facilities."

  • March 20, 2026

    Calif. Forecast: Full 9th Circ. To Hear Unions' Work Dispute

    In the next week, attorneys should keep an eye out for Ninth Circuit en banc oral arguments in a jurisdictional dispute involving two unions, the National Labor Relations Board and the precedent known as Kinder Morgan. Here's a look at that case and other labor and employment matters coming up in California.

  • March 20, 2026

    Ariz. Trucking Co. Owes Drivers Unpaid OT, Court Told

    An Arizona trucking company shorted drivers on overtime pay by deducting time from the hours they spent conducting vehicle inspections and repairs before and after their trips, according to a proposed collective action filed in Arizona federal court.

  • March 20, 2026

    DOL Contractor Rule Might Have Little Grip On Gig Apps

    The nation's highest court's rejection of a doctrine calling for judges to defer to federal agencies will likely mute any impact that a proposed U.S. Department of Labor independent contractor has on app-based companies like Uber, according to wage and hour attorney Shannon Liss-Riordan of Lichten & Liss-Riordan PC. Here, Liss-Riordan speaks with Law360 about how the proposed rule will affect app-based companies.

  • March 19, 2026

    Chan Zuckerberg Initiative Hit With Gender Bias Action

    The Chan Zuckerberg Initiative LLC run by Meta Platforms Inc. CEO Mark Zuckerberg and his wife Priscilla Chan discriminated against women by routinely paying them less than men and promoting them with less frequency, according to a proposed class and collective action removed Wednesday to California federal court.

  • March 19, 2026

    Trucking Co. Can't Get Drivers' Misclassification Suit Tossed

    An Illinois federal judge on Thursday declined to dismiss a suit from drivers alleging Risinger Bros. Transfer Inc. misclassified them as independent contractors, saying the complaint sufficiently alleges they had an employer-employee relationship.

  • March 19, 2026

    Judge Certifies Military Reservist Class In Differential Pay Suit

    A U.S. Court of Federal Claims judge certified a class of military reservists who sued the U.S. government to recover the difference between active duty pay and pay received for their federal civilian jobs, finding there are enough reservists with common claims.

  • March 19, 2026

    Judge Quashes Subpoena Of 5 Firms That Repped Twitter

    A Delaware federal court ruled Thursday that six former Twitter employees cannot subpoena five law firms that represented the social media company in connection with its acquisition by Elon Musk, rejecting the employees' "conclusory allegations" that the company and Musk used the firms to make false promises of severance benefits.

  • March 19, 2026

    $30K Wage Settlement Too Vague To Approve, Judge Says

    An Ohio federal judge rejected a proposed $30,000 settlement to a wage and hour suit against a group of home care staffing agencies Thursday, saying the settlement paperwork isn't clear enough to determine whether the deal is fair.

  • March 19, 2026

    Adult Webcam Performers Certified As Conn. Wage Class

    Performers accusing an adult livestreaming site of misclassifying them as independent contractors and underpaying them can proceed as a class, a federal judge has ruled, and attorneys with McOmber McOmber & Luber PC and Hayber McKenna & Dinsmore LLC will serve as class counsel.

  • March 19, 2026

    Del. High Court Revives Banker's Pay Claims Against Firm

    The Delaware Supreme Court has revived key claims brought by a former investment firm banker, ruling that a lower court went too far in blocking his case based on earlier findings that he was not a partner at the firm.

  • March 19, 2026

    NJ Justices Say Wage Laws Protect Unauthorized Workers

    New Jersey wage and hour protections require employers to pay employees regardless of their immigration status, the state Supreme Court ruled Thursday, finding that state law doesn't clash with federal immigration law prohibiting the employment of immigrants living in the country without legal permission.

  • March 19, 2026

    Worker Hits Meatpacking Co. With Wage Suit Amid Strike

    A maintenance worker launched a proposed class action alleging wage violations in Colorado state court against a major meatpacking company as a strike against the employer continues.

  • March 19, 2026

    Ohio Home Health Co. Settles OT Suit For $975K

    A Columbus-area home health services company will pay $975,000 to end a lawsuit accusing it of misclassifying its program managers as exempt from overtime, according to an Ohio federal court filing.

  • March 19, 2026

    Ill. Justices Say Wage Law Doesn't Bar COVID Screening Pay

    The Illinois Supreme Court ruled Thursday that the state's minimum wage law doesn't incorporate the limitations on compensable preshift activities found in federal law, answering the Seventh Circuit's call for help determining whether Amazon must pay workers for time they spent undergoing preliminary COVID-19 screenings.

  • March 19, 2026

    Univ. Of Colorado Health Seeks Dismissal Of Wage Suit

    University of Colorado Health urged a federal judge to dismiss a proposed class and collective action alleging that its time-rounding policy shorted workers on pay, saying it was not the former workers' employer and its policy complies with the law, according to a federal court filing.

  • March 18, 2026

    Sushi Chef's Overtime Suit Is Fishy, Conn. Restaurant Says

    A Connecticut sushi restaurant has told a federal judge that it should win a chef's lawsuit alleging unpaid overtime, because he is a serial filer of baseless claims, working with his attorneys at Troy Law Group PLLC to try to secure unjustified payouts from multiple employers, and he was actually overpaid.

  • March 18, 2026

    Ill. Panel Chides State Over 'Absurd' Reading Of Wage Law

    An Illinois appellate court had choice words Tuesday for the Illinois Department of Labor's argument that an amendment to the Wage Payment and Collection Act deems certain corporate officers "employers" that can be held personally liable for employees' unpaid wages, calling the agency's interpretation "legally unsound" and "unjust."

  • March 18, 2026

    Calif. IHOP Workers Must Arbitrate Individual Wage Claims

    The operator of 40 IHOPs in California can push workers' individual wage and hour claims into arbitration, a California federal judge ruled Wednesday, rejecting the employees' arguments that they didn't remember signing the pact or that it was only in English.

  • March 18, 2026

    NC Judge Moves Ex-Exec's Wage Fight With Cancer Co. To Va.

    A North Carolina federal judge agreed to transfer a former C-suite executive's unpaid wages case against a Canadian cancer testing and treatment company to Virginia, where its U.S. headquarters are, finding the Old Dominion is the better venue.

  • March 18, 2026

    Home Depot's Payouts Don't End Wage Suit, Judge Says

    A long-running suit seeking to recover wages from Home Depot over its now-defunct time-rounding practice can partially continue despite the company sending payments to employees, an Oregon federal judge said, ruling there is an open question over whether some workers were fully repaid.

  • March 18, 2026

    Oil Field Co. Denied Pay For Travel, Off-Clock Work, Suit Says

    An oil field services company failed to pay workers for extensive travel and off-the-clock work, according to a proposed class and collective action filed in Pennsylvania federal court.

  • March 18, 2026

    Taft Widens Colorado Reach With 7 Lawyers From BCLP

    Taft Stettinius & Hollister LLP has brought on seven lawyers at its Colorado Springs office from Bryan Cave Leighton Paisner to enhance its sports law, intellectual property, employment and litigation practices.

  • March 18, 2026

    Staffing Co., Urgent Care To Pay $12K To End Wage Lawsuit

    A staffing company and an urgent care tapped to provide services at New York City migrant facilities will pay $12,000 to end a proposed class and collective action brought by two hourly employees claiming they were improperly paid, according to a federal court filing.

Expert Analysis

  • 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.

  • 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.