Wage & Hour

  • January 29, 2026

    Colo. Judge OKs Deal Talks In Walmart Workers' OT Suit

    Walmart, a related entity and a collective of workers claiming they were misclassified as salaried employees exempt from overtime will head to settlement talks for the Fair Labor Standards Act suit, a Colorado federal judge said.

  • January 29, 2026

    Texas Atty May Face Sanctions For Missing Discovery Hearing

    A Colorado federal judge ordered a Texas attorney representing a company accused of luring temporary agricultural workers to the U.S. through false promises to explain why he shouldn't be sanctioned for missing a telephone discovery hearing.

  • January 29, 2026

    Michigan Fights Airline Group's Challenge To Sick Law

    A Michigan law providing employees with earned sick time should stay in place because it has no impact on airlines' prices, routes or services, the state has argued, urging a federal court to turn down a national airline trade group's bid to halt the law.

  • January 29, 2026

    Casey's, Store Managers Settle Overtime Suit

    Casey's General Stores and managers reached a settlement in a collective action alleging the convenience store chain and two subsidiaries misclassified them as exempt from overtime pay, according to an Indiana federal judge's order.

  • January 29, 2026

    Colo. Mining Co. Denied Workers Overtime, Ex-Welder Says

    A Colorado mining company rounded employees' hours, forced them to work off the clock and failed to include bonuses in their overtime rates, according to a proposed collective action filed in federal court.

  • January 28, 2026

    IT Co.'s Arbitration Pact Undercut Class Rights, 9th Circ. Says

    TEKsystems Inc. engaged in misleading and coercive actions when it provided an arbitration pact to technology recruiters seeking unpaid overtime nearly two years after they lodged their suit, the Ninth Circuit ruled Wednesday, affirming a California federal court decision.

  • January 28, 2026

    Concrete Co. Not Exempt From NJ Sick Leave Law, Panel Says

    New Jersey suppliers can't rely on an exemption for the construction industry to avoid complying with the state's Earned Sick Leave Law, an appellate panel found Wednesday as a matter of first impression, finding the law only allows builders to claim the exemption to the law.

  • January 28, 2026

    6th Circ. Seems Unlikely To Ax Prof's Pregnancy Bias Win

    A Sixth Circuit panel appeared unmoved Wednesday by Michigan Technological University's effort to undo a former professor's pregnancy bias win but also skeptical of resurrecting additional bias and pay disparity claims that had been trimmed from the case prior to trial.

  • January 28, 2026

    Solar Panel Co. Sunrun Misclassifying Sales Reps, Suit Says

    Solar panel company Sunrun Inc. misclassified its sales representatives as independent contractors in violation of Massachusetts workers' compensation law, a coalition of advocacy groups alleged in a complaint filed in state court.

  • January 28, 2026

    Calif. AG Pushes For Amazon Driver Ruling Publication

    A California appeals court's decision that Amazon drivers' last-mile deliveries constituted interstate commerce exempt from arbitration clears up an important question of law, California's attorney general said, asking the court to publish the opinion.

  • January 28, 2026

    Call Center Workers Ink Wage Deal With Disability Nonprofit

    A disability services nonprofit has agreed to pay $76,500 to settle a suit accusing it of failing to pay call center employees for work before shifts and during unpaid meal breaks and of miscalculating their overtime, the workers told a Virginia federal court.

  • January 27, 2026

    Colo. Defender Refused 'Reality' Of Overwork, Court Told

    A former attorney at the Colorado public defender's office told a state court Tuesday that it underpays and overworks its employees and fired him for complaining about it, though the office responded that the reality of balancing public defenders' workloads is more nuanced than the study he cited suggested.

  • February 12, 2026

    Law360 Seeks Members For Its 2026 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

  • January 27, 2026

    More Gig Workers Could See Rights Without Status Change

    People who deliver goods, handle repairs and housekeeping, and care for pets are among the types of gig workers who could see future protections typically reserved for employees, attorneys said as a new minimum pay standard took effect in New York City.

  • January 27, 2026

    Tyson Worker Fights To Keep Bulk Of OT Suit Alive

    Tyson Foods Inc. shouldn't dodge a proposed class action accusing the company of flouting meal and rest break requirements and not paying workers correctly, a worker told a Washington federal court Monday, arguing that she supported her claims well enough at this stage of the litigation.

  • January 27, 2026

    Butterball Worker Wants Full 4th Circ. To Rehear Wage Case

    Fourth Circuit precedent establishes that state wage and hour laws are not preempted by federal law, a Butterball turkey catcher argued, urging the full appeals court to revisit a panel's decision denying his bid to revive his wage suit.

  • January 27, 2026

    O'Reilly Auto Parts Denies Employer Status In Driver Pay Suit

    Automotive parts retailer O'Reilly urged a North Carolina federal court to toss a proposed class and collective action brought by a former driver over its pay system, arguing it was not the drivers' employer and they were not promised or entitled to overtime pay.

  • January 26, 2026

    Justices Urged To Keep Baseball's Antitrust Shield In Play

    Puerto Rico's professional baseball league on Monday urged the U.S. Supreme Court not to disturb the sport's century-old exemption from antitrust law, arguing that the justices have rejected similar challenges to the shield time and time again.

  • January 26, 2026

    H-2A Truck Drivers Seek Collective Certification In OT Suit

    A Colorado company subjects all its tractor-trailer drivers to the same illegal policy of considering them overtime-exempt under federal law, a group of migrant workers said, urging a Colorado federal court to greenlight a collective.

  • January 26, 2026

    9th Circ. Pauses Discovery Order In UFC Wage Suits

    A Ninth Circuit panel temporarily paused a Nevada federal court's discovery order in wage suppression lawsuits against UFC after the mixed martial arts organization said the order violated attorney-client privilege and the First Amendment.

  • January 26, 2026

    Advertising Co. Wrongly Exempts Workers From OT, Suit Says

    A marketing and advertising services company misclassified employees as exempt from overtime even though their job duties did not meet the required standards for the carveout, according to a proposed collective action filed in Missouri federal court.

  • January 26, 2026

    Live-In Aides, Healthcare Co. Strike $6M Deal

    A New York home healthcare services company has agreed to pay $6 million in a suit accusing it of not paying aides working 24-hour live-in shifts for all their hours, the aides told a federal court, urging it to sign off on the deal.

  • January 26, 2026

    Pet Treat Maker Will Pay $975K To End Donning, Doffing Row

    A pet product manufacturer has agreed to pay $975,000 to resolve a proposed class and collective action alleging the company failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to settlement papers filed in Colorado federal court.

  • January 26, 2026

    Colo. Staffing Co. Must Face Nurses' Strike Pay Suit

    A staffing company cannot escape a lawsuit that nearly 40 nurses brought alleging they were not properly paid while temporarily working at Kaiser Permanente facilities in California during a 2023 strike, a Colorado federal magistrate judge has ruled, finding the healthcare workers sufficiently backed up their allegations.

  • January 26, 2026

    Geico Pays $900K Settlement To End Call Center OT Suits

    Geico will pay $900,000 to settle several suits, all accusing the insurance company of not paying call center workers for preshift and postshift work, after a Georgia federal judge gave the deal final approval.

Expert Analysis

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

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    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • Water Cooler Talk: Sick Leave Insights From 'Parks And Rec'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper spoke with Lisa Whittaker at the J.M. Smucker Co. about how to effectively manage sick leave policies to ensure legal compliance and fairness to all employees, in a discussion inspired by a "Parks and Recreation" episode.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • Justices Clarify FAA But Leave Behind Important Questions

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    The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.