Wage & Hour

  • March 10, 2026

    5th Circ. Revives J&J Sales Rep's Wage Dispute

    A Texas federal court did not take into consideration relevant factors to determine whether a former Johnson & Johnson sales representative's failure to retain local counsel in his wage and hour suit represented excusable neglect, the Fifth Circuit ruled on Tuesday.

  • March 10, 2026

    NC Judge Rebuffs Perdue's DOL Whistleblower Challenge

    Perdue Farms Inc. lost its case challenging the constitutionality of the U.S. Department of Labor's administrative proceedings for whistleblower complaints after a North Carolina federal judge found such proceedings don't flout Perdue's Seventh Amendment right to a jury trial.

  • March 10, 2026

    4 Notable Wage & Hour Developments So Far

    The beginning of 2026 brought noteworthy moves in the wage and hour sphere, including the U.S. Department of Labor’s new independent contractor rule and federal contractors' minimum wage and two U.S. Supreme Court denials on collective issues. Here, Law360 looks at four notable developments since January.

  • March 10, 2026

    DLA Piper Can't Rep Itself At Bias Trial, Fired Atty Says

    DLA Piper should not be permitted to represent itself at trial in a pregnancy discrimination case brought by a senior associate who was fired in 2022, lawyers for the plaintiff told a Manhattan federal judge.

  • March 09, 2026

    Employment Law Cases Have Rebounded Except For FLSA

    Employment law cases overall have bounced back from pandemic-era lows, especially discrimination and disability accommodation suits, though a slump has continued for Fair Labor Standards Act claims, according to a report by legal analytics provider Lex Machina.

  • March 09, 2026

    Nonprofit Accused Of Firing Director For Medical Leave

    The American Forest Foundation fired a former director for taking a leave of absence to address physical and mental health concerns brought on by a disability, the ex-director told a Colorado federal court.

  • March 09, 2026

    Water Damage Co. Faces Class Action Over Wages

    A pair of former employees of a water damage repair company claim in a proposed class action filed in Colorado state court that the company is violating Colorado employment laws by not allowing employees to take state-mandated breaks and by paying on-call workers a flat rate for assignments regardless of the actual hours worked.

  • March 09, 2026

    American Airlines Hit With Meal Break, Time Rounding Suit

    American Airlines automatically deducted 30-minute meal breaks even when customer service agents worked through them and rounded employee hours to 15-minute increments, resulting in wage violations, according to a proposed collective action filed in Texas federal court.

  • March 09, 2026

    NC Eatery Took Unlawful Tip Credit, Ex-Worker Says

    The operator of a North Carolina restaurant franchise that serves wings wrongfully retained employee tips, resulting in minimum wage violations, according to a new proposed class and collective action in federal court.

  • March 09, 2026

    Spot Holders At Con Edison Sites Were Employees, Snag $6M

    Two companies that provided spot holders at Con Edison sites had control over the workers' conditions typical of that of employers, a New York federal judge said, agreeing with the U.S. Department of Labor that the entities misclassified the workers and owe about $6 million.

  • March 09, 2026

    Inspection Services Firm Settles Wage Suit For $530K

    An inspection services company will pay $530,000 to end a collective action alleging it underpaid inspectors, according to a Pennsylvania federal judge's order.

  • March 09, 2026

    Bus Contractor Can't Trim Lookback Period In Wage Suit

    A bus attendant plausibly alleged that a school transportation company willfully violated federal wage law, an Ohio federal judge ruled, allowing her claims to reach back three years rather than two.

  • March 09, 2026

    Wash. State Bill Would Expand AG Power To Demand Docs

    A bill making its way through the Washington Legislature would enhance the power of the state attorney general to demand document production and testimony in civil matters, including suspected violations of the U.S. and Washington constitutions, allowing prosecutors to seek documents from elected officials and law enforcement agencies.

  • March 06, 2026

    'Just Ye. No Mister': Rapper Testifies In Ex-Worker's Suit

    Insisting that attorneys call him "just Ye. No 'mister,''' the rapper formerly known as Kanye West took the stand in a Los Angeles courtroom Friday to defend himself from allegations he shorted a former worker who completed services on his Malibu home, saying he didn't recall most details of his interaction with the plaintiff.

  • March 06, 2026

    Amazon Wage Decision Resisted Policy Pressure, Experts Say

    The Connecticut Supreme Court's opinion requiring Amazon to pay warehouse workers for time spent awaiting and undergoing post-shift security screenings used basic statutory interpretation tools, not policy arguments, to reach conclusions aligned with other pro-labor laws passed by the state legislature, experts told Law360.

  • March 06, 2026

    FedEx, Workers Seek OK Of $9.5M Security Check Deal

    A class of FedEx workers in Connecticut has asked a federal judge to give preliminary approval to a $9.5 million settlement in a lawsuit over unpaid walking and security screening time and attorneys with Hayber McKenna & Dinsmore LLC are asking for $3.16 million in fees.

  • March 06, 2026

    Ex-Worker Slams Boeing's Appeal Bid In Bonus Suit

    Boeing should not be able to immediately appeal a decision sending to state court a proposed class action accusing the aerospace company of denying a $12,000 bonus to workers on long-term disability leave, a former employee told a Washington federal court.

  • March 06, 2026

    Illinois County Settles 911 Dispatchers' Wage Suit

    An Illinois federal judge on Friday approved an undisclosed settlement resolving a wage dispute brought by emergency dispatchers who alleged St. Clair County failed to properly calculate overtime under federal and state wage laws.

  • March 06, 2026

    Class Cert. Denied In Misclassification Suit Against Hertz

    Two operations managers cannot snag class certification in their suit accusing rental car company Hertz of misclassifying them as overtime-exempt, a California federal judge ruled Friday, saying they didn't clear the burden that common questions predominate over individual ones.

  • March 06, 2026

    Care Co. Automatically Deducted Meal Breaks, Suit Says

    A multistate senior care provider automatically deducted 30 minutes per shift for meal breaks even when employees worked through them, resulting in unpaid overtime, according to a proposed class and collective action complaint filed in Kentucky federal court.

  • March 06, 2026

    NY Forecast: Teachers' Pride Flag Ban Challenge At 2nd Circ.

    This week, the Second Circuit will consider whether to revive a lawsuit brought by teachers who accused their Long Island school district of unlawfully banning them from displaying LGBTQ+ pride flags in their classrooms. Here, Law360 looks at this and other cases on the docket in New York.

  • March 06, 2026

    Pa. Court Sinks Verizon Broadband Wages Grievance

    Pennsylvania's labor secretary had the authority to delegate the ability to issue prevailing wage determinations in several countywide broadband improvement projects, a state appeals court said Friday, putting to rest a grievance from Verizon that the state's labor board rejected. 

  • March 06, 2026

    Pa. High Court Snapshot: AG Powers, Gun Parts, CEO Bonus

    The Pennsylvania Supreme Court this month will revisit a ruling on the state attorney general's power over civil suits brought by county-level district attorneys in a case stemming from the Philadelphia and Pittsburgh district attorneys' objections to a $26 billion opioid settlement.

  • March 06, 2026

    CSX Wraps Up Conductor's Suit Over FMLA Attendance Policy

    CSX Transportation Inc. has resolved a conductor's lawsuit claiming the railroad giant discourages workers from using family and medical leave and punishes those who take time off to care for their health and loved ones, according to a filing in North Carolina federal court.

  • March 06, 2026

    Energy Co. Misclassified Workers As OT-Exempt, Suit Says

    A Georgia-based oil and gas infrastructure firm was hit with a proposed collective action Thursday by a former employee who said the company deliberately misclassified maintenance workers as independent contractors to avoid paying them overtime rates.

Expert Analysis

  • 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.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.