Wage & Hour

  • February 06, 2026

    Future Of NJ's ABC Test Unclear Amid New Governor's Freeze

    New Jersey employers should follow the state's ABC test for independent contractor classification that comes from case law while the new governor decides how to proceed with a rule her predecessor proposed to codify that test, attorneys said.

  • February 06, 2026

    Ex-President Accuses Physician AI Co. Of Fraud, Wage Theft

    A data science platform and its top brass persuaded its former chief strategy officer and president to invest $750,000 in the business, only then to not pay him wages, the former employee told a North Carolina federal court, claiming he's owed more than $430,000 in commission wages.

  • February 06, 2026

    Hard Rock NY Workers Get Conditional Cert. in Wage Suit

    Restaurant workers at eateries inside the New York City Hard Rock Hotel who accused their employer of stiffing them on pay for all hours worked, automatically deducting meal breaks and improperly managing tips can proceed as a collective, a New York federal magistrate judge ruled.

  • February 06, 2026

    NC Restaurants Say They Didn't 'Keep' Tips In DOL Wage Suit

    Two North Carolina restaurants urged a federal court Friday to narrow a U.S. Department of Labor lawsuit alleging they unlawfully kept and pooled tips from front-of-house workers and allocated the funds to tip-ineligible back-of-house employees, arguing they did not "keep" the tips by distributing them to nontipped workers.

  • February 06, 2026

    NY Forecast: Home Aides Ask For Preliminary OK Of $6M Deal

    This week, a New York federal magistrate judge will consider granting preliminary approval to a $6 million class action settlement resolving allegations from home health aides who claimed a provider did not pay them for all hours they worked during live-in shifts.

  • February 06, 2026

    FLSA Does Not Bar Claim Waivers, Wash. Judge Says

    The Fair Labor Standards Act does not categorically bar a contract's release of an employee's claims, a Washington federal judge ruled, finding that a former pharmaceutical manufacturing company worker's severance agreement that included a general release of claims precludes his wage suit.

  • February 06, 2026

    Calif. Forecast: 9th Circ. To Hear Utility District Bias Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a discrimination case against a utility district. Here's a look at that case and other labor and employment matters on deck in California.

  • February 06, 2026

    DOL Rolls Out New Minimum Wage For Federal Contractors

    The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.

  • February 05, 2026

    Tesla Applicants Fight Uphill To Keep H-1B Visa Bias Suit Alive

    A California federal judge appeared open Thursday to tossing a proposed class action alleging Tesla discriminates against American workers by favoring allegedly underpaid H-1B visa holders, telling counsel repeatedly during a hearing the allegations seem to be "speculation."

  • February 05, 2026

    Elevance Fights Nurses' '11th Hour' Class Expansion

    Health insurer Elevance told a North Carolina federal court that it should deny a former nurse's attempt to expand a class definition in her overtime-exempt misclassification lawsuit, arguing that the reworked definition would entirely upend the litigation and prejudice the insurer.

  • February 05, 2026

    DOL Must Pay Retaliation Suit Atty Fees, Farm HR Head Says

    The U.S. Department of Labor should pay attorney fees and expenses that a human resources manager at a Tennessee pork farm incurred to defend the agency's retaliation suit, the manager told a federal court Thursday, saying the department failed to investigate the claims against her before suing.

  • February 05, 2026

    Red Lobster Wants Worker's Wage Suit Sent To Arbitration

    A Red Lobster worker must pursue her Illinois wage claims in arbitration rather than federal court because she agreed to arbitrate employment disputes when she was rehired, the restaurant chain said Thursday.

  • February 05, 2026

    NYC Issues Proposed Rules On Upcoming Sick Time Changes

    The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.

  • February 05, 2026

    Aircraft Service Co. Denied OT, Full Pay, Ex-Worker Tells Court

    An aircraft services company stiffed workers on overtime and pay for all hours worked, a former employee alleged in a proposed collective action complaint filed in Texas federal court.

  • February 05, 2026

    Neuroscience Co. Withheld Wages, OT From COO, Suit Says

    A neuroscience company and a related entity paid their former chief operations officer late or not at all and cheated her out of overtime, the former executive said in a proposed class and collective action in New York federal court.

  • February 05, 2026

    Harvesting Co. To Pay $6.1M To Settle Calif. Wage Suit

    A California-based harvesting company and related entities will pay over $6.1 million for failing to tell farmworkers about their paid sick leave options and stiffing them on their full wages, the California Labor Commissioner's Office has said.

  • February 05, 2026

    Cos.' Per Diem Pay Scheme Costs Workers OT, Suit Says

    An energy infrastructure company and a construction company underpaid workers by treating part of their compensation as per diem payments excluded from overtime calculations, a worker said in a proposed collective action filed in Virginia federal court.

  • February 05, 2026

    Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule

    Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.

  • February 04, 2026

    Coal Miner Accuses Colorado Energy Co. Of FLSA Violations

    A Kentucky coal miner accused a Colorado energy company in a proposed collective action Wednesday of violating the Fair Labor Standards Act by forcing employees to work more than an hour of overtime every workday without pay.

  • February 04, 2026

    Calif. Justices' Arbitration Pact 'Illegibility' Ruling A Warning

    The California Supreme Court's holding that courts should scrutinize difficult-to-read arbitration agreements but that "illegibility" does not render their substance so unfair as to make them unjust should remind employers to be careful with such pacts in wage and hour disputes, attorneys said.

  • February 04, 2026

    Migrant Workers' Notice Approved In H-2A Wage Suit

    A Louisiana federal judge authorized notice to be sent to H-2A sugar cane workers who may be owed unpaid overtime on Tuesday, allowing them to opt in to a proposed Fair Labor Standards Act collective action against two companies.

  • February 04, 2026

    Pet Treat Maker, Ex-Workers Score OK For $975K Wage Deal

    An Illinois federal judge preliminarily approved a $975,000 settlement to resolve a proposed class and collective action alleging a pet product manufacturer failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to a court filing.

  • February 04, 2026

    Calif. Opens Pay Data Reporting Portal For Large Cos.

    The California Civil Rights Department has opened its portal for employers with 100 or more employees to report pay data from 2025, the agency announced.

  • February 04, 2026

    NY Drivers Say Uber Misclassifies Them As Contractors

    Uber misclassifies drivers in New York as independent contractors, leading to unpaid wages and a lack of reimbursement for car-related expenses, two workers claim in a proposed class action filed in federal court.

  • February 04, 2026

    Restaurant Can't Include Morning Staff In Tip Pool, Court Says

    A steakhouse chain violated tip credit rules by including morning-shift employees in its tip pool even though they worked primarily while the restaurant was closed to guests, a Colorado federal judge has ruled, finding those workers were not "customarily and regularly tipped" because their customer interaction was minimal.

Expert Analysis

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.