Wage & Hour

  • January 08, 2026

    DOL Moves Forward To Toss Biden's Contractor Rule

    The U.S. Department of Labor's proposed rule to undo a Biden-era regulation on whether workers are employees or independent contractors under the Fair Labor Standards Act has reached the White House's Office of Information and Regulatory Affairs.

  • January 08, 2026

    Cracker Barrel Servers Tell Justices To Avoid Collective Row

    Cracker Barrel servers urged the U.S. Supreme Court not to take up the restaurant's chain's bid to review evidentiary standards used to authorize collective action notices, arguing that no circuit split exists because the Ninth Circuit ruled on the permissibility of a two-step certification process and not required showings for notice authorization.

  • January 08, 2026

    DOL Recovered $259M In Back Wages In FY 2025

    The U.S. Department of Labor's Wage and Hour Division said Thursday it recovered more than $259 million in back wages for about 177,000 employees in fiscal year 2025, the highest recovery since 2019.

  • January 08, 2026

    Amazon Drivers Can Keep Wage Suit In Court, Calif. Panel Says

    Amazon cannot ship to arbitration six drivers' individual claims under California's Private Attorneys General Act that they were misclassified as independent contractors, a state appeals court has ruled, agreeing with a trial court that their last-mile deliveries were part of an uninterrupted interstate trip.

  • January 08, 2026

    Miss. Jail Stopped Pay After Defunding Vote, Suit Says

    A Mississippi county detention center failed to pay its workers following a board of supervisors vote to temporarily defund the facility, according to a proposed class action filed in federal court.

  • January 08, 2026

    Collective Wage Certifications Slowed In 2025, Report Says

    Collective certification orders in wage and hour cases slowed down in 2025, likely as a result of arbitration agreements and the several certification standards that courts introduced in recent years, according to an annual class action review released by Duane Morris LLP.

  • January 08, 2026

    Haynes Boone Adds Perkins Coie Employment Pro In Dallas

    Haynes Boone has bolstered its labor and employment practice with the addition of an experienced Dallas-based partner who came aboard after more than a decade with Perkins Coie LLP.

  • January 07, 2026

    Trader Asks Wary Colo. Appeals Court To Award $10M Penalty

    A Colorado appellate panel pushed back Wednesday on an ex-trading director's bid for a $10 million statutory penalty against his former employer following a $6.8 million judgment against the natural gas marketing company for failing to pay him a bonus on lucrative trades made during a 2021 winter storm.

  • January 07, 2026

    Ill. Poultry Processor Improperly Calculates OT, Suit Says

    A former Koch Foods employee in Ohio has hit the Illinois-based poultry processor with a proposed collective wage dispute in Chicago federal court, claiming the company has illegally short-changed its workers by failing to factor their nondiscretionary bonus pay into its overtime wage calculations.

  • January 07, 2026

    Mamdani Expected To Shift NYC Wage Policies

    New York City Mayor Zohran Mamdani has management-side attorneys bracing for potential shifts in wage and hour law, including a minimum wage hike, while worker advocates are already celebrating the new administration’s announcements and appointments. Here are wage and hour issues to watch from the new mayor.

  • January 07, 2026

    Philadelphia Settles Cops' OT Suit 6 Days Before Trial

    A group of mid-ranking officers in Philadelphia's police department have settled an overtime lawsuit against the city and the department's leaders, less than a week before it could have gone to trial.

  • January 07, 2026

    Ga. Health Clinic, Ex-Aide Reach Deal In Wage Fight

    A Georgia mental health clinic and a former aide have reached a tentative agreement that, if approved, would end the ex-aide's suit alleging she was forced to resign last year after the clinic refused to hand over thousands in unpaid overtime.

  • January 07, 2026

    Mo. Restaurant To Pay $850K To End DOL Wage Suit

    A Missouri restaurant will pay $850,000 to end a U.S. Department of Labor suit alleging it stiffed more than two dozen workers on their full wages, according to a filing in federal court.

  • January 07, 2026

    Packaged Grains Co. To Pay $350K In Wage Row

    A packaged grains company will pay $350,000 to settle a suit in which workers claimed that the entity failed to properly pay wages and provide meal and rest breaks, as a California federal judge gave the deal final approval.

  • January 07, 2026

    DOL Clarifies How OT Factors Into Bonus Payments

    The bonuses a worker in waste management earned were not discretionary and therefore needed to be included in overtime calculations, and a social worker didn't stop being overtime-exempt when supervisory work ceased, the U.S. Department of Labor's Wage and Hour Division said among other guidance included in several opinion letters.

  • January 07, 2026

    Disney, Staffing Co. Stiffed Worker On OT, Suit Says

    Disney's theme park design arm and a staffing firm failed to pay a former IT project manager overtime premiums even though he regularly worked more than 40 hours a week, a lawsuit brought in Florida federal court says.

  • January 07, 2026

    Domino's Franchisee Can't Estimate Vehicle Costs, Court Says

    A Domino's franchisee must reimburse its drivers based on the actual costs of their vehicle expenses, not a reasonable approximation, to ensure that their pay does not fall below minimum wage requirements, a New Mexico federal judge ruled.

  • January 06, 2026

    Amazon Nears Deal With Flex Drivers In Tip Skimming Suit

    Amazon and a group of Flex delivery drivers told a Seattle federal judge Tuesday they've reached an agreement in principle to resolve a 2021 putative class action accusing the e-commerce giant of withholding tips, prompting the court to pause the case pending a final settlement.

  • January 06, 2026

    Tyson Foods Tries To Pare Down Meat Packer's Wage Claims

    Tyson Foods Inc. is asking a Washington federal judge to throw out the bulk of a proposed wage and hour class action, arguing that the plaintiff's amended complaint is too short on details to proceed.

  • January 06, 2026

    3rd Circ. Backs DOL In Home Healthcare Wage Case

    The Third Circuit upheld a $1 million judgment against home health company WiCare Home Care Agency LLC Tuesday, finding it was within the secretary of labor's power to write regulations keeping "third-party employers" subject to the Fair Labor Standards Act and not exempt under a provision for "companionship services."

  • January 06, 2026

    NYC Hospital Network, Co. Fight Class Cert. In Wage Suit

    NYC Health and Hospitals workers weren't subject to a single policy that violated federal law, the hospital network and a staffing company told a New York federal court, urging it to reject the workers' bid for collective certification in their wage suit.

  • January 06, 2026

    New Year Brings Wage Law Changes Across US

    Wage and hour updates took effect across the United States on New Year's Day, including pay disclosure requirements in Oregon, a ban on stay-or-pay contract provisions in California, and minimum wage increases in more than a dozen states. Here, Law360 takes a look at the laws and wage floors the new year ushered in.

  • January 06, 2026

    Employment Trio Joins Ogletree In California, Oregon

    Ogletree Deakins Nash Smoak & Stewart PC announced Tuesday that the labor and employment firm has added three experienced shareholders to bolster its efforts in California and Oregon.

  • January 06, 2026

    Cracker Barrel Asks Justices To Avoid Collective Opt-Ins Fight

    Cracker Barrel urged the U.S. Supreme Court not to take up an appeal of a Ninth Circuit decision that only Arizona employees could opt in to a collective suit over tipped wages, arguing that there isn't a wide enough circuit split to merit review.

  • January 06, 2026

    Cruz Can't Avoid Firm Harassment Case Subpoena, Court Told

    A former staffer of Stone Hilton PLLC has asked a Texas federal court to compel responses from the office of U.S. Sen. Ted Cruz to a subpoena for information related to the staffer's sexual harassment case against a firm partner who worked for the senator.

Expert Analysis

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.

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    The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Navigating Court Concerns About QR Codes In FLSA Notices

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    As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • New Law May Reshape Fla. Employer Noncompete Strategy

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    With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • FLSA Interpretation Patterns Emerge 1 Year After Loper Bright

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    One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.