Wage & Hour

  • 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.

  • March 04, 2026

    USPS Skirted OT By Deducting Meal Breaks, Court Told

    The U.S. Postal Service shorted mail carriers on overtime pay by automatically deducting meal breaks they often didn't take, according to a proposed class and collective action filed in D.C. federal court.

  • March 03, 2026

    Ye's Ex-Worker 'Not Sure' Of Own Declaration In Wages Trial

    A construction project manager suing Ye for retaliation and unpaid wages after he was fired from working at the rapper's Malibu home testified in a Los Angeles courtroom Tuesday that he's "not sure" if someone else signed a declaration filed under his name in the case.

  • March 03, 2026

    Texas Eatery's 'Fatal' Shortfall Advances Servers' Tip Case

    A Texas federal judge ruled Tuesday that a Fort Worth restaurant illegally took a $1-per-shift fee directly from every server's tips and failed to show the tip pool was distributed solely among eligible employees, in violation of the Fair Labor Standards Act.

  • March 03, 2026

    Cable Technicians Say Telecom Cos. Misclassified Them

    Three telecommunications companies misclassified their cable technicians as independent contractors, leading to minimum wage and overtime violations, according to a proposed class action filed in Virginia federal court Tuesday.

  • March 03, 2026

    NC Guards' Pay Starts At Prison Entry, Judge Says

    North Carolina correctional officers are entitled to compensation under federal wage law for time spent inside prison facilities before and after their scheduled shifts, a federal judge ruled, granting a win to a class and collective accusing the state of violating said law.

  • March 03, 2026

    Wyoming Bill Offers Gig Workers Benefits Without Status Flip

    A bill allowing entities to contribute to workers' portable benefits accounts without the need to reclassify them as employees from independent contractors passed the Wyoming Senate, landing on the governor's desk for approval.

  • March 03, 2026

    Charter Can't Escape Sales Supervisor's OT Suit

    Charter Communications made premature arguments that a sales supervisor failed to show that other workers were denied overtime and that the company had a common policy leading to unpaid wages, a New York federal judge ruled, keeping the suit in place.

  • March 03, 2026

    Kroger Misclassified E-Commerce Managers, Wash. Suit Says

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

Expert Analysis

  • 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.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Discretionary Compensation Lessons From 7th Circ. Ruling

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    The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.

  • What's Next After Justices Clarify FLSA Evidence Standard

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    The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.