Wage & Hour

  • August 24, 2026

    DaVita Defeats Nurse Overtime Collective Bid

    A Colorado federal judge refused to conditionally certify a 41-state collective of DaVita nurses and technicians who say the company denied them overtime by failing to pay for short rest breaks, finding too little evidence of a companywide practice.

  • August 24, 2026

    Auto Co. Workers Net Deal In Wage Fight After Expert Axed

    An automotive parts seller has staved off joint trials in North Carolina federal court after reaching deals with 11 workers in parallel wage cases, according to notices filed over the weekend indicating the employees accepted separate offers of judgment.

  • August 24, 2026

    Humana Strikes Deal To Wrap Up Nurse's FLSA Suit

    Humana Inc. and a nurse who sued the health insurer in Georgia federal court for allegedly skimping on overtime pay have reached a deal to bring her proposed collective action to a close.

  • August 24, 2026

    2nd Circ. Backs Amazon Workers After Conn. High Court Win

    The Second Circuit Monday vacated Amazon's temporary win in a wage class action, saying the Connecticut Supreme Court's more recent conclusion that state law requires compensation for employee time spent awaiting and undergoing mandatory security screenings is "squarely at odds" with a federal district judge's original decision.

  • August 24, 2026

    NYC Fights Officers' Bid To Shield Dog Care Records

    New York City has pushed back against a protective order sought by police dog handlers who allege the city owes them overtime for caring for their dogs at home, arguing in New York federal court that the workers have withheld key documents and failed to provide an adequate computation of their claimed damages.

  • August 24, 2026

    Firm Blames AAA Check Flub For Workers' Axed Arbitration

    A New Jersey personal injury firm says it should not be held responsible and sanctioned for the termination of arbitration proceedings for former employees, telling a state court that the American Arbitration Association had seemingly lost its check for a $6,550 payment.

  • August 24, 2026

    Staffing Co. Says Wage Suit Propped Up By Contradictions

    Manual laborers pursuing wage claims against a staffing company have contradicted their own deposition testimony and failed to raise genuine disputes about whether they were paid for all hours worked, the company told a North Carolina federal court, defending its effort to end the suit.

  • August 24, 2026

    Mich. Judge OKs $100K Deal Over OT Suit Against Strip Club

    A Michigan federal judge on Monday gave the green light to a $100,000 settlement resolving a six-year collective action alleging a Detroit strip club violated federal wage laws by misclassifying its dancers as independent contractors, who are paid only in consumer tips, and failing to pay them minimum wage and overtime.

  • August 24, 2026

    Wis. Grocery Chain Settles Manager OT Suit For $7.5M

    A Wisconsin grocery chain and a group of department managers have asked a federal court to preliminarily approve a $7.5 million settlement resolving claims that the workers were misclassified as overtime-exempt, a deal expected to cover roughly 1,000 current and former employees.

  • August 21, 2026

    Produce Co. Says Staffing Firm Owes Defense In Pot Test Suit

    Plant-based protein food producer Myrtle Greens says it shouldn't be on the hook in a hiring discrimination lawsuit filed by a man who was turned away from a delivery job due to a positive drug test, arguing that all hiring is done by a third-party contractor that allegedly agreed to indemnify the food-maker.

  • August 21, 2026

    Uber, DoorDash Lose Most Of NYC Tip Prompt Suit

    A New York federal judge kept alive DoorDash and Uber's compelled-speech challenge to New York City laws requiring delivery platforms to display a tipping prompt at or before checkout that includes an option of at least 10%, but tossed their remaining five claims.

  • August 21, 2026

    Union Challenges IRS Advanced Leave Suspension

    A labor union has sued the Internal Revenue Service over its recent directive suspending its approval of advanced annual or sick leave requests, telling a DC federal court the directive is arbitrary and capricious and the agency's CEO was not lawfully appointed to his position when the directive was issued.

  • August 21, 2026

    Papa John's Wage Deal Is 'Collusive Fiction,' Judge Says

    A North Carolina federal judge rejected a proposed $225,000 settlement that would resolve delivery drivers' wage claims against a Papa John's franchisee, finding the deal was a "collusive fiction" that benefited the company and class counsel rather than the drivers, who would likely receive no more than $35,000.

  • August 21, 2026

    ADP Workers Win Conditional Cert. In OT Exemption Suit

    A New Jersey federal court conditionally certified a collective action Friday covering ADP Inc. employees who alleged the payroll giant improperly classified them as exempt from overtime pay, allowing notice to go out to potential opt-in members while the parties negotiate a potential settlement.

  • August 21, 2026

    11th Circ. Won't Reopen ATF Worker's Disability Bias Suit

    The Eleventh Circuit refused to revive a lawsuit alleging the Bureau of Alcohol, Tobacco, Firearms and Explosives forced an employee with a heart condition to accept a demotion rather than let her take unpaid leave, ruling the agency wasn't required to supplement the paid time off she had available.

  • August 21, 2026

    NY Forecast: Target Seeks To Toss Unpaid Walking Time Suit

    This week, a New York federal judge will consider Target's bid to dismiss a proposed class action brought by warehouse employees who claim the company must compensate them for the time they spend walking to and from their departments before and after their shifts. Here, Law360 looks at this and other cases on the docket in the Empire State.

  • August 21, 2026

    Pa. Hospital Worker Sues Over Unpaid Campus Walking Time

    Over 1,000 hourly workers at a University of Pittsburgh Medical Center facility have accused the employer of requiring them to badge in only upon reaching their workstations, leaving them uncompensated for time spent walking to and from their posts, according to a suit filed in state court.

  • August 21, 2026

    Calif. Forecast: 9th Circ. Hears Gov. Layoffs Fight

    In the week ahead, attorneys should watch for Ninth Circuit arguments in a challenge by unions and other groups to the federal government's mass layoffs of probationary employees. Here's a look at that case and other labor and employment matters on deck in California.

  • August 21, 2026

    Miss. County Detention Center Wage Suit Ends

    A Mississippi federal judge has dismissed a proposed class and collective action accusing a county of failing to pay detention center workers after county supervisors temporarily defunded the facility, following notice that the case had settled or was in the process of settling.

  • August 20, 2026

    Facebook Whistleblower Fights For Right To Promote Memoir

    An ex-Facebook executive who wrote a whistleblower memoir urged a California federal judge Thursday to toss a preliminary arbitration decision blocking her from promoting the book or disparaging Meta, while the company countered that she agreed to resolve such disputes by arbitration when she accepted a $780,000 payout.

  • August 20, 2026

    Costco Asks Judge To Rethink Ruling, Toss Moonlighting Suit

    Costco is urging a Washington state judge to reconsider her order denying its bid for a pretrial win over claims that it illegally bars workers from taking on additional employment, arguing that its employee agreements are sufficiently narrow and that plaintiffs' claims are "simply speculation and attorney argument."

  • August 20, 2026

    Sephora Denied Wash. Workers Breaks, Class Action Says

    Sephora is facing a proposed class action from a former employee who claims the beauty retailer deprived Washington state workers of legally required meal and rest periods and failed to compensate them for missed breaks.

  • August 20, 2026

    Remote Worker Rebuts Boot-Up Pay Defense At 6th Circ.

    A remote healthcare call center worker urged the Sixth Circuit to reverse her former employers' partial win in her suit seeking pay for computer boot-up and shutdown time, arguing the companies are wrong to characterize those tasks as noncompensable preliminary activities because they were integral steps in preparing to handle calls.

  • August 20, 2026

    Smoke Shop Chain Misclassified Workers, Owes OT, Suit Says

    A chain of Houston-area smokeshops and their owners allegedly misclassified their employees as independent contractors to avoid paying overtime, according to a worker-led lawsuit filed in Texas federal court seeking unpaid wages for similar employees.

  • August 20, 2026

    LSU Gets Damages Sliced In Attys' Pay Bias Suit

    A Louisiana federal judge has slashed the damages awarded to two former in-house attorneys who won a retaliation verdict against their university employer over gender pay equity complaints, cutting each award from $750,000 to $280,000 while rejecting bids for a new trial or outright dismissal.

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.