Wage & Hour

  • 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.

  • March 06, 2026

    Eateries Settle Service Charge Dispute With Mass. AG

    Two downtown Boston restaurants will pay a total of around $422,000 to resolve administrative complaints that alleged they failed to distribute proceeds from a service fee to employees as required by the Massachusetts Wage Act, the state attorney general's office announced Friday.

  • March 06, 2026

    Calif. Forecast: Insulators Union Seeks Toss Of Labor Dispute

    In the next week, attorneys should keep an eye out for arguments over an insulators union's attempt to dismiss a suit alleging labor law violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 06, 2026

    Nurses' Holiday Pay Suit Against Health System Trimmed

    A Colorado healthcare company will not face nurses' claims under state minimum-wage law alleging it miscalculated overtime wages, as a federal judge adopted a report concluding the statute does not cover "'pure overtime'" disputes when employees were paid at least the required minimum, court records show.

  • March 06, 2026

    Wash. High Court Won't Hear Co.'s Arbitration Pact Appeal

    Washington state's highest court won't review a decision finding a logistics company imposed an unconscionable arbitration pact on two workers who lodged wage and hour claims against the company, according to a court filing.

  • March 05, 2026

    Grubhub's $24.8M Deal To End Driver Fight Nears Initial OK

    A California federal judge told counsel during a hearing Thursday that Grubhub Inc.'s revised $24.75 million settlement to resolve claims it misclassified drivers as independent contractors is "getting closer," but she held off on preliminarily approving the deal and told counsel they must "clean up" aspects of the class notice.

  • March 05, 2026

    JBS Seeks Dismissal Of Haitian Workers' Bias Claims

    Meatpacking giant JBS USA and one of its subsidiaries have asked a Colorado federal judge to dismiss the amended complaint brought by three Haitian nationals in a proposed class action accusing the company of race-based discrimination.

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    DOL Joint Employer Rule Likely To Look Familiar, Attys Say

    Attorneys expect the U.S. Department of Labor will seek to return to a Fair Labor Standards Act joint employer test from President Donald Trump's first term, as the National Labor Relations Board has now done for joint employment under federal labor law.

  • March 05, 2026

    Delta Evades OT Class Action Over Shift Swap Policy

    Delta Air Lines defeated Thursday a proposed class action in Georgia federal court that alleged the airline unlawfully withheld increased pay for overtime hours that resulted from workers swapping shifts with each other. 

  • March 05, 2026

    'The Dude Abides' Cannabis Chain Accused Of Tip Theft

    A worker for a group of Michigan-based marijuana dispensaries named for a line in the cult classic film "The Big Lebowski" has accused managers of taking an overly laid-back approach to tip regulations in a new federal lawsuit.  

  • March 05, 2026

    5th Circ. Upholds $919K Fee Award In Overtime Suit

    The Fifth Circuit upheld an award of $919,000 in attorney fees to hospital employees who won an overtime pay dispute with Texas health providers, ruling Thursday that the lower court reasonably reduced a request for more than $3 million in fees.

  • March 05, 2026

    Ex-Software Engineer Hits Coca-Cola Bottler With FMLA Suit

    A software engineer has sued Coca-Cola Consolidated Inc. in North Carolina federal court, alleging the company fired him one day after he applied for leave under the Family and Medical Leave Act.

  • March 05, 2026

    Call Center Settles Worker Misclassification Suit

    A call center company has agreed to settle a proposed class and collective action accusing it of misclassifying workers as independent contractors rather than employees, the call center workers and the company told a Florida federal court.

  • March 05, 2026

    O'Reilly To Pay $5.6M To Settle Wash. Pregnancy Bias Suit

    O'Reilly Auto Parts will pay $5.6 million to resolve claims that it failed to provide reasonable workplace accommodations to pregnant and postpartum workers and retaliated against them, the Washington Attorney General's Office announced. 

  • March 04, 2026

    9th Circ. Spurns Uber's Bid To Halt Seattle Gig Worker Law

    A divided Ninth Circuit panel on Wednesday rejected Uber and Instacart's attempt to block a Seattle law regulating deactivation of app-based worker accounts, rejecting the companies' contention that the ordinance amounts to a First Amendment violation.

  • March 04, 2026

    6th Circ. Backs Tenn. Med School In FMLA Retaliation Suit

    A former medical resident cannot revive his lawsuit claiming a Tennessee medical school suspended him for taking leave under the Family and Medical Leave Act, the Sixth Circuit ruled this week, finding he failed to show the school's explanation for the discipline was a pretext for retaliation.

  • March 04, 2026

    NYC Wants To Nix Uber, DoorDash Challenge To Tipping Laws

    Two New York City laws regulating how online platforms must display tipping options don't impinge on the companies' First Amendment rights, the city told a New York federal court, urging it to toss a challenge to the laws brought by Uber and DoorDash.

  • March 04, 2026

    7th. Circ. Upholds Healthcare Co.'s Win In FMLA Suit

    The Seventh Circuit affirmed a healthcare company's win in a former human resources specialist's Family and Medical Leave Act suit, holding that the health system lawfully terminated her for failing to return to work once her approved leave expired.

  • March 04, 2026

    Kiosk Workers At Targets Can't Snag Class Cert. In Wage Row

    Workers at Target cellphone kiosks cannot obtain class certification in their wage and hour suit against a sales company because one of the plaintiffs held a supervisory role and may have been involved in implementing the rest-break policies challenged in the case, a California federal judge ruled.

Expert Analysis

  • 7 Things Employers Should Expect From Trump's OSHA Pick

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    If President Donald Trump's nominee to lead the Occupational Safety and Health Administration is confirmed, workplace safety veteran David Keeling may focus on compliance and assistance, rather than enforcement, when it comes to improving worker safety, say attorneys at Fisher Phillips.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • 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.