Wage & Hour

  • January 12, 2026

    9th Circ. Says Lack Of Comparators Dooms UPS Sex Bias Suit

    The Ninth Circuit declined Monday to revive a suit from a trio of UPS workers who claimed an "old boys' club" culture left women with subpar pay and medical accommodations, ruling they failed to identify comparable men who received better treatment.

  • January 12, 2026

    Apple Hit With Disability Discrimination Lawsuit

    Apple discriminated against a senior adviser with multiple disabilities, forcing her to take a demotion to a lower-paid position in order to keep working remotely and ultimately created a hostile work environment, according to a suit now in Colorado federal court.

  • January 12, 2026

    Bipartisan Bill Targeting Child Labor Penalties Reintroduced

    A U.S. House Democrat and Republican reintroduced a bill that would raise civil and criminal penalties for child labor violations under the Fair Labor Standards Act, which is the latest push to address child labor in the United States.

  • January 12, 2026

    University Of Colorado Paid Women Faculty Less, Suit Says

    The University of Colorado at Denver has been paying female faculty significantly less than their male counterparts even after internal audits revealed a pay gap, according to a proposed class action filed in Denver County district court alleging state equal pay law violations.

  • January 12, 2026

    Wilson Sports Co., Worker End Paternity Leave Firing Suit

    A Minnesota federal court tossed a suit Monday from a former Wilson Sporting Goods Co. employee who alleged the company fired him for taking parental leave in violation of the Family and Medical Leave Act, with the dismissal coming after the parties disclosed a settlement earlier this month.

  • January 12, 2026

    Clarified Arbitration Award Clears UPS In Back Pay Dispute

    UPS did not violate an arbitration award when it subtracted a temporarily fired worker's unemployment benefits from her back pay, since the arbitration panel later clarified that was what its award intended, a Pennsylvania federal judge ruled Monday.

  • January 12, 2026

    Supreme Court Won't Disturb 9th Circ. Severance Suit Revival

    The U.S. Supreme Court refused Monday to disturb a Ninth Circuit ruling that restarted two former microchip manufacturer employees' class action alleging their employer illegally revoked severance benefits following a merger, turning down an employer-side petition for review of the case.

  • January 12, 2026

    Eateries To Appeal Unclaimed Funds Order In $1.75M Tip Deal

    Two Chinese restaurants in Manhattan will appeal a federal judge's order striking down a provision of a $1.75 million settlement in a wage lawsuit that would allow them to keep unclaimed funds, according to a New York federal court filing.

  • January 12, 2026

    Neb. Bill Would Allow Income Tax Deductions For Tips, OT

    Nebraska would allow individual income tax deductions for tips and overtime pay under a bill introduced in the state's unicameral Legislature.

  • January 12, 2026

    Oil Parts Co. Shaved Time As Punishment, Suit Says

    A producer of components for offshore oil and gas projects shaved 30 minutes off workers' time to punish them for being a couple of minutes late, leading to unpaid wages, according to a proposed class and collective action filed in Texas federal court.

  • January 12, 2026

    Ex-Workers Claim Athletic Wear Co. Vuori Miscalculated OT

    Athletic wear retailer Vuori Inc. failed to properly calculate overtime premiums, two former employees alleged in a proposed class and collective action complaint in California federal court.

  • January 12, 2026

    Justices Won't Weigh Collective Cert. Process In Eli Lilly Case

    The U.S. Supreme Court declined on Monday to review whether courts should stick with a long-standing two-step analysis for certifying collective actions in an age discrimination case against Eli Lilly and Co. that could have affected wage and hour litigation.

  • January 09, 2026

    Goldberg Segalla Fights Ex-IP Co-Chair's $4M Arbitration Bid

    An arbitration fight Goldberg Segalla LLP initiated against a former co-chair of its intellectual property group over proceeds from transferred cases spilled into New York state court, where the firm is seeking relief from his counterclaims that it shorted him nearly $4 million in compensation.

  • January 09, 2026

    Idaho Restaurants To Pay $414K After DOL Wage Probe

    The owner of two Idaho restaurants will pay nearly $414,000 in back wages and civil penalties, after a U.S. Department of Labor investigation determined that he stiffed 388 workers on their full pay, the agency announced Friday.

  • January 09, 2026

    Seyfarth Names New Labor & Employment Chair In Seattle

    One of the youngest equity partners in Seyfarth Shaw LLP's 80-year history has been named chair of the firm's labor and employment practice for the Seattle office, the firm has announced.

  • January 09, 2026

    Engineer Claims Co. Fired Her Over Refusal To Falsify Docs

    A Colorado manufacturing company fired its chief engineer after she raised concerns about false information included in a request for a quote submitted to a U.S. Department of Energy contractor and failed to pay her wages, the worker claimed in a suit in Colorado federal court.

  • January 09, 2026

    Arizona Roofer To Pay $147K After DOL OT Probe

    A Phoenix roofing company will shell out nearly $148,000 in back wages and liquidated damages to 61 roofers following a U.S. Department of Labor determination that it failed to pay overtime, the agency announced.

  • January 09, 2026

    Ex-Bartender Says Hotel Operator Shaved Hours, Kept Tips

    A former bartender hit a nationwide hotel operator and a New York City hotel it manages with a proposed class and collective action, alleging it underpaid workers by shaving hours and keeping tips.

  • January 09, 2026

    Calif. Wage Suit Settles Months After Atty Admits To AI Mishap

    A proposed wage and hour class action that drew the legal world's attention in November after the plaintiff's counsel admitted to using a half-dozen artificial intelligence tools to prepare a botched motion has now ended, with a Northern California federal judge granting a joint dismissal following a settlement agreement.

  • January 09, 2026

    Call Center Dodges Worker Misclassification Suit

    A group of call center workers' wage suit is an "impermissible shotgun pleading" and warrants dismissal, a Florida federal judge has ruled, agreeing to toss the workers' proposed class action accusing a call center company of misclassifying them as independent contractors.

  • January 09, 2026

    Calif. Forecast: 9th Circ. Hears Trump Bargaining EO Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a challenge to President Donald Trump's executive order that eliminates labor contracts for what the order refers to as national security agencies. Here's a look at that case and other labor and employment matters coming up in California.

  • January 09, 2026

    Costco Denied Breaks Due To Understaffing, Suit Says

    Costco did not permit a former employee to take proper meal and rest breaks because the store was understaffed, resulting in unpaid wages, the worker said in a complaint filed in Los Angeles County Superior Court.

  • January 08, 2026

    Greenberg Traurig Adds 2 Duane Morris Employment Pros

    Greenberg Traurig LLP has brought on two Duane Morris LLP attorneys as its newest shareholders focusing on class action litigation, labor and employment and commercial litigation practices, adding them to the firm's offices in San Diego and Philadelphia. 

  • January 08, 2026

    Driver Wage Suit Paused Over Similar High Court Case

    A truck driver's lawsuit accusing a food company and its subsidiaries of misclassifying employees as independent contractors will be paused while the U.S. Supreme Court weighs in on a similar dispute involving the same company, a Connecticut federal judge ruled.

  • January 08, 2026

    Colo. Judge Tosses Banker's Cancer-Leave Suit Against UMB

    A Colorado federal judge granted an early win to UMB Financial Corp. over a banker's claims that the company discriminated and retaliated against her by denying her leave to recover from chemotherapy treatments, ruling that her request for nine months' leave is "presumptively unreasonable."

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.