Wage & Hour

  • February 27, 2026

    Kroger Misclassified E-Commerce Managers, Colo. Suit Says

    Kroger misclassified e-commerce managers as executives exempt from overtime even though they did not meet the legal requirements to satisfy the carveout under federal and state wage law, according to a proposed collective action filed in Colorado federal court.

  • February 26, 2026

    Shake Shack Served With Wash. Class Action Over Breaks, OT

    Burger chain Shake Shack failed to provide workers in Washington state with mandatory meal and rest breaks, as well as proper overtime and sick leave pay, according to a proposed class action removed Wednesday to Seattle federal court.

  • February 26, 2026

    Calif. Atty Agrees To Discipline From State Bar Over AI Errors

    A Los Angeles attorney has agreed to be disciplined for filing appellate briefs rife with artificial intelligence-hallucinated case law quotations, according to a stipulation approved Wednesday by the California State Bar Court, which found that he "recklessly and with gross negligence failed to perform legal services with competence."

  • February 26, 2026

    Starbucks, Army Veteran Resolve Paternity Leave Firing Suit

    An Army veteran and former Starbucks employee has agreed to end his lawsuit accusing the coffee giant of failing to address his supervisor's insulting comments about veterans and firing him for taking parental leave, according to a Thursday filing in Washington federal court.

  • February 26, 2026

    Airline Group Cites High Court To Block Mich. Sick Leave Law

    Airlines for America urged a Michigan federal judge to reject the state's bid to dismiss its challenge to the Michigan Earned Sick Time Act, contending that U.S. Supreme Court and Sixth Circuit precedent interpreting the Airline Deregulation Act make clear the case should proceed.

  • February 26, 2026

    DOL Contractor Proposal Looks Familiar, With Less Deference

    A rule the U.S. Department of Labor proposed Thursday would largely return to a prior test for whether a worker is an independent contractor or employee, but it could have even less sway in federal courts than its previous iteration did, attorneys said.

  • February 26, 2026

    Little Caesars Franchisee Owes $409K After DOL Probe

    The operator of a Little Caesars restaurant in California will pay more than $409,000 in back wages to 32 workers after the U.S. Department of Labor found the employer failed to pay them the required minimum wage and overtime.

  • February 26, 2026

    Reed Smith Says Atty Can't Expand Pay Bias Damages Period

    Reed Smith LLP is urging a New Jersey state court to rule that an attorney who claimed the firm unlawfully underpaid her cannot expand the time window for which she's seeking damages, arguing a legal doctrine used to revive continuing claims can't be used to collect back pay.

  • February 26, 2026

    Rehab Participants Not Employees, Court Told In Wage Suit

    Participants in several Texas-based recovery programs for addiction cannot plausibly allege they were employees entitled to compensation, the faith-based nonprofit that operates the programs told a federal court, seeking to dismiss a proposed class and collective wage action.

  • February 26, 2026

    Boat Subcontractor Will Pay $648K In OT Settlement

    A government subcontractor that deploys boats to support bridge construction projects will pay approximately $648,000 to end a collective action alleging it stiffed boat captains and deckhands on overtime pay, according to a filing in Connecticut federal court.

  • February 26, 2026

    $1.4M Deal To End Techs' OT Suit Against Walmart Gets OK

    Walmart will pay $1.4 million to about 2,800 automotive service technicians who claimed they were not paid for the off-the-clock work they performed, leading to unpaid overtime, after an Ohio federal court signed off on the deal.

  • February 26, 2026

    Walmart Will Pay Up To $100M To End FTC's Driver Pay Suit

    The Federal Trade Commission and 11 states have reached a $100 million deal with Walmart to settle claims the company misled its "Spark" delivery program drivers over the amount they would be paid, and deceived customers over how much of the tips they paid would go to their drivers, the agency announced Thursday.

  • February 26, 2026

    NY Nurses Hired During Strike Say Staffing Co. Owes Wages

    A healthcare staffing company stiffed a group of nurses on their full wages and travel expenses after hiring them to work at New York hospitals during a recent strike, the workers said in a complaint filed in federal court.

  • February 26, 2026

    DOL Unveils Independent Contractor Rule Replacement

    The U.S. Department of Labor announced the details Thursday of a long-awaited proposed rule to rescind and replace a previous administration's regulation that outlined how to decide if a worker is an employee or independent contractor.

  • February 25, 2026

    Contractors Could Face Lengthier Suits After Justices' Ruling

    Government contractors could see more, longer litigation after the U.S. Supreme Court rejected GEO Group Inc.'s attempt to immediately appeal a district court order denying its claim for immunity from immigrant detainees' forced-labor claims.

  • February 25, 2026

    Fast-Food Contractor Sues DOL Over Pentagon Debarment

    A company banned from operating several fast-food outlets inside the Pentagon over wage violations sued the U.S. Department of Labor on Wednesday, saying the final ruling took more than a decade and it had long since repaid its employees.

  • February 25, 2026

    Pennsylvania Casino Settles Tipped-Wage Suit For $2.3M

    Mount Airy Casino Resort has reached a final, $2.3 million settlement with nearly 700 workers over allegations that it failed to follow state and federal rules for paying less than minimum wage to tipped employees — a deal that the plaintiffs' lawyers said represents nearly all the money the casino owed.

  • February 25, 2026

    BofA, Ex-Analyst Resolve Boot-Up Time Wage Suit

    Bank of America and a former business analyst reached a resolution in a proposed class and collective action alleging it stiffed employees on overtime by failing to pay them for the time they spent booting up and down their computers before, during and after their shifts, according to a filing in North Carolina federal court.

  • February 25, 2026

    2nd Circ. Skeptical Of Expanding Collectives' Borders

    A Second Circuit panel seemed doubtful about allowing workers from a state other than where a Fair Labor Standards Act case arises to join a collective, signaling that it might side with Bimbo Bakeries in a case accusing the company of misclassifying delivery workers as independent contractors.

  • February 25, 2026

    CNN Can't Shut Down Fired Worker's Breastfeeding Bias Suit

    A D.C. federal judge declined to fully toss a worker's suit claiming CNN failed to make sure she had a proper place to pump breast milk after reinstituting in-person work following the COVID-19 pandemic, ruling that a jury needs to assess whether the room that was provided complied with civil rights laws.

  • February 25, 2026

    Domino's Driver Says Franchisee Underpays Expenses

    A Domino's franchise operator under-reimbursed delivery drivers for vehicle expenses, which pushed their pay below minimum wage in violation of federal and state wage law, according to a proposed class and collective action complaint filed in Colorado federal court.

  • February 25, 2026

    Talent Shop Hits Back Against UFC Fighters' Discovery Claims

    A sports talent agency told a Nevada federal judge that it can't be held in contempt for violating a discovery order when it has worked to address real challenges with providing information to fighters who accuse Ultimate Fighting Championship of suppressing wages.

  • February 25, 2026

    Budtender Alleges Dispensary Gives Tips To Managers

    A proposed class of budtenders is suing an Illinois dispensary and its management company, saying they violate state and federal labor law by pooling tips and distributing them to managers as well as the budtenders.

  • February 25, 2026

    Sanctions Not Warranted In Tenn. Retaliation Suit, DOL Says

    A U.S. Department of Labor suit accusing a pork farm of firing two immigrant workers for complaining to the agency about unpaid wages was reasonably grounded, the DOL said, telling a Tennessee federal court that the department shouldn't face sanctions.

  • February 25, 2026

    Boeing Settles Ex-Worker's Overtime Lawsuit

    Boeing will pay $40,000 to end a proposed class and collective action alleging it stiffed system and data analysts on overtime pay even though they performed overtime-eligible work, according to Virginia federal court papers filed Wednesday.

Expert Analysis

  • 6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • What Justices' FLSA Ruling Means For 2-Step Collective Cert.

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.