Wage & Hour

  • 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.

  • February 05, 2026

    Aircraft Service Co. Denied OT, Full Pay, Ex-Worker Tells Court

    An aircraft services company stiffed workers on overtime and pay for all hours worked, a former employee alleged in a proposed collective action complaint filed in Texas federal court.

  • February 05, 2026

    Neuroscience Co. Withheld Wages, OT From COO, Suit Says

    A neuroscience company and a related entity paid their former chief operations officer late or not at all and cheated her out of overtime, the former executive said in a proposed class and collective action in New York federal court.

  • February 05, 2026

    Harvesting Co. To Pay $6.1M To Settle Calif. Wage Suit

    A California-based harvesting company and related entities will pay over $6.1 million for failing to tell farmworkers about their paid sick leave options and stiffing them on their full wages, the California Labor Commissioner's Office has said.

  • February 05, 2026

    Cos.' Per Diem Pay Scheme Costs Workers OT, Suit Says

    An energy infrastructure company and a construction company underpaid workers by treating part of their compensation as per diem payments excluded from overtime calculations, a worker said in a proposed collective action filed in Virginia federal court.

  • February 05, 2026

    Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule

    Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.

  • February 04, 2026

    Coal Miner Accuses Colorado Energy Co. Of FLSA Violations

    A Kentucky coal miner accused a Colorado energy company in a proposed collective action Wednesday of violating the Fair Labor Standards Act by forcing employees to work more than an hour of overtime every workday without pay.

  • February 04, 2026

    Calif. Justices' Arbitration Pact 'Illegibility' Ruling A Warning

    The California Supreme Court's holding that courts should scrutinize difficult-to-read arbitration agreements but that "illegibility" does not render their substance so unfair as to make them unjust should remind employers to be careful with such pacts in wage and hour disputes, attorneys said.

  • February 04, 2026

    Migrant Workers' Notice Approved In H-2A Wage Suit

    A Louisiana federal judge authorized notice to be sent to H-2A sugar cane workers who may be owed unpaid overtime on Tuesday, allowing them to opt in to a proposed Fair Labor Standards Act collective action against two companies.

  • February 04, 2026

    Pet Treat Maker, Ex-Workers Score OK For $975K Wage Deal

    An Illinois federal judge preliminarily approved a $975,000 settlement to resolve a proposed class and collective action alleging a pet product manufacturer failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to a court filing.

  • February 04, 2026

    Calif. Opens Pay Data Reporting Portal For Large Cos.

    The California Civil Rights Department has opened its portal for employers with 100 or more employees to report pay data from 2025, the agency announced.

  • February 04, 2026

    NY Drivers Say Uber Misclassifies Them As Contractors

    Uber misclassifies drivers in New York as independent contractors, leading to unpaid wages and a lack of reimbursement for car-related expenses, two workers claim in a proposed class action filed in federal court.

  • February 04, 2026

    Restaurant Can't Include Morning Staff In Tip Pool, Court Says

    A steakhouse chain violated tip credit rules by including morning-shift employees in its tip pool even though they worked primarily while the restaurant was closed to guests, a Colorado federal judge has ruled, finding those workers were not "customarily and regularly tipped" because their customer interaction was minimal.

  • February 04, 2026

    Calif. Panel Won't Publish Amazon Drivers Arbitration Ruling

    A California appeals court will not publish its decision that last-mile deliveries Amazon workers performed represented interstate commerce exempt from federal arbitration, turning down requests to publish the opinion.

  • February 03, 2026

    Medical Transport Co. Misclassified Drivers, Suit Says

    A company that transports radioactive medical materials misclassified drivers as independent contractors, leading to minimum wage and overtime violations, according to a proposed class and collective action filed in Florida federal court.

  • February 03, 2026

    NY County Liable For FLSA Violations, Judge Rules

    Saratoga County was aware that its rounding policies led to unpaid wages, a New York federal judge has ruled, granting summary judgment on the issue of liability to a group of more than 100 current and former employees at the county sheriff's office.

  • February 03, 2026

    Jim Henson Co. Accused Of Costing Exec A 'Pinocchio' Oscar

    A Jim Henson Co. former employee filed a $7.5 million suit in California state court alleging the entertainment giant wrongfully diminished his executive producer credit and deprived him of an Oscar at the Academy Awards in connection with Guillermo Del Toro's "Pinocchio," despite his significant contributions to the film's "undeniable success."

  • February 03, 2026

    Colo. Music Venue Failed To Pay Full Wages, Ex-Worker Says

    A live music venue in Denver failed to pay workers for all hours worked, misclassified them as independent contractors and retaliated against a worker for complaining about unpaid wages, according to a potential class and collective action complaint filed in Colorado federal court.

  • February 03, 2026

    Ill. Judge OKs $3.3M Deal In Mariano's Managers' OT Suit

    An Illinois federal judge has approved a $3.3 million settlement resolving a lawsuit by current and former supermarket meat, bakery and deli managers who alleged Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay.

  • February 03, 2026

    NYC Delivery Laws Will Stay In Place During Instacart Appeal

    Instacart won't be able to block New York City's laws for app-based delivery workers instituting a new minimum wage, tipping options and disclosure requirements while it challenges a federal court's order, a New York federal judge ruled.

  • February 03, 2026

    Solar Lender Deducted OT From Commissions, Suit Says

    A sustainable energy financing company unlawfully deducted overtime from loan officers' commissions, stiffing them on their full pay, according to a proposed class and collective action filed in California federal court.

Expert Analysis

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.