Wage & Hour

  • June 03, 2026

    The Plaintiffs Atty Now 5-0 At High Court With No Dissents

    It's true that Jennifer Bennett is undefeated at the U.S. Supreme Court, but it's also an understatement. Bennett's five wins, including two recent ones, were all unanimous decisions. They showed that the plaintiffs bar can still persuade a conservative supermajority. And they turned the tide after a spree of decisions keeping workers and consumers out of court.

  • June 03, 2026

    Treatment Providers Can't DQ Participants' Atty In Wage Suit

    Several Texas-based addiction recovery program operators cannot remove a worker's attorney from a proposed wage class action over his prior involvement with the programs, a federal judge found, saying the operators failed to show the attorney had a conflict of interest or was a necessary witness.

  • June 03, 2026

    AI Impact Could Turn Independent Contractors Into Employees

    Artificial intelligence tools' ability to come up with assignments and review workers' performance could support findings that an independent contractor is an employee under federal law, as the Labor Department's new proposed rule for independent contractors puts particular emphasis on employers' control, attorneys say.

  • June 03, 2026

    OPM Relaxes Remote Work Guidance For World Cup

    The Trump administration told federal agencies that employees based in 11 cities hosting World Cup matches should be allowed to work remotely during the international soccer tournament, easing restrictive guidelines issued late last year.

  • June 03, 2026

    Ariz. Judge Sends Cracker Barrel Wage Claims To Mass.

    An Arizona federal judge sent out-of-state Cracker Barrel workers' wage claims to Massachusetts federal court, finding the claims should be transferred, not dismissed, after a Ninth Circuit ruling left the Arizona court without jurisdiction over them.

  • June 03, 2026

    NC Corrections Dept. Loses Bid For Immediate Pay Appeal

    North Carolina's corrections department cannot skip ahead to an appellate court to challenge a ruling that found correctional officers must be paid for all time spent inside prison facilities, a federal judge found, saying the yearslong case is nearly ready for a final resolution.

  • June 03, 2026

    Supplier Can't Force Arbitration Of Worker's Wage Suit

    A proposed wage class action against a medical and industrial gas supplier can proceed in court, a Washington federal judge ruled, finding that a former worker's arbitration agreement with a staffing agency did not apply.

  • June 03, 2026

    3rd Circ. Nixes DOL's $35.8M Nursing Home Wage Win

    Federal wage law doesn't allow workers to recover pay for nonovertime hours during weeks when they logged more than 40 hours, the Third Circuit held Wednesday as a matter of first impression, partially undoing a $35.8 million win for the U.S. Department of Labor against bankrupt nursing homes.

  • June 02, 2026

    DOL Diverges On Wage Enforcement, Deregulation At 6th Circ.

    A Sixth Circuit case that the U.S. Department of Labor has continued litigating involving a wage rule the agency is separately seeking to walk back shows how the department simultaneously takes different approaches to enforcement and deregulation, agency veterans and attorneys said.

  • June 02, 2026

    4th Circ. Says Worker Can't Revive Wage Classes After Deal

    The Fourth Circuit dismissed a former auto parts worker's appeal of an order decertifying wage and hour classes and a collective action, finding Tuesday he lost standing when he voluntarily settled his individual claims.

  • June 02, 2026

    Colo. Cleaning Co. Reaches Deal To Resolve OT Wage Suit

    A Texas commercial cleaning company and workers who accused it of using subcontractors to dodge overtime pay have reached a proposed class action settlement, according to a joint status report filed in Colorado federal court.

  • June 02, 2026

    FedEx Driver's OT Suit Survives On Small-Vehicle Question

    A FedEx delivery driver's overtime suit has largely survived the company's bid to end it early, as an Illinois federal judge found that questions over a key exemption tied to vehicle weight must go to a jury.

  • June 02, 2026

    Flowers Says Justices' Arbitration Ruling Doesn't Sink Appeal

    A recent U.S. Supreme Court decision holding that last-mile drivers who locally deliver goods that travel interstate can qualify for a federal arbitration exemption does not undo several independent arguments for keeping a Rhode Island bread distributor's wage suit in arbitration, Flowers Foods Inc. told the First Circuit.

  • June 02, 2026

    Phillips 66 Must Face Suit Over Unpaid Standby Shifts

    A California federal judge allowed a wage and hour suit accusing Phillips 66 of failing to pay oil refinery workers for standby shifts to move forward, rejecting the energy company's bid to shut the case down.

  • June 01, 2026

    Drivers Cite Flowers Foods Ruling To Fight OT Exemption

    Food delivery drivers suing a California company for alleged wage violations say a recent U.S. Supreme Court decision bolsters their argument that a similar federal overtime exemption does not cover their local warehouse runs, according to a letter filed in the Ninth Circuit.

  • June 01, 2026

    Kia, Hyundai Workers' Attys Get $3.45M Fee Award In Visa Suit

    A Georgia federal court on Monday awarded $3.45 million in attorney fees and costs to lawyers for workers who reached an $11.5 million settlement over claims that a Hyundai supplier, a Kia plant and staffing agencies recruited skilled Mexican engineers for production work and underpaid them.

  • June 01, 2026

    Tipped Brewery Workers Get Green Light To Sue Collectively

    A North Carolina federal judge has cleared the way for servers and bussers at a craft brewing company to pursue their wage claims as a group, finding that tipped workers across the company's taprooms shared a common grievance over how they were paid.

  • June 01, 2026

    Ex-Forklift Operators Hit Freight Co. With OT, Retaliation Suit

    A warehouse and freight unloading company was hit with a proposed collective action in Georgia federal court by two former forklift operators who alleged they worked as many as 80 hours per week without proper overtime pay and were retaliated against for complaining.

  • June 01, 2026

    DOL Eyes Dismissal Of Davis-Bacon Rule Appeal At 5th Circ.

    The U.S. Department of Labor told the Fifth Circuit it expects to seek dismissal of its appeal over a nationwide injunction blocking parts of a Biden-era Davis-Bacon Act rule if a Texas federal court enters final judgment in the underlying case.

  • June 01, 2026

    Manufacturer Stiffed Workers On Safety Gear Time, Suit Says

    An Ohio manufacturer required hourly production workers to don safety gear and attend preshift meetings without pay, a former employee told a federal court.

  • May 29, 2026

    DOL Clarifies OT Obligations For Quarterly Bonuses

    The quarterly, nondiscretionary bonuses an employer gave to eligible employees already contemplated overtime pay and therefore don't trigger a recalculation of the workers' regular rate of pay, the U.S. Department of Labor's Wage and Hour Division said in one of four opinion letters it released.

  • May 29, 2026

    Construction Groups Challenge NY Prevailing Wage Update

    A coalition of New York construction industry groups has asked a federal court to block a state law that would extend prevailing wage requirements to off-site fabrication facilities, calling it unconstitutional and impossible to administer before its upcoming effective date.

  • May 29, 2026

    Mich. Plumbing Co. Hit With Overtime, Retaliation Suit

    Three plumbers have sued a Michigan plumbing company and its owner, claiming they were wrongly denied overtime pay and fired after one worker contacted the U.S. Department of Labor about the company's pay practices. 

  • May 29, 2026

    NJ Panel Advances Bill Creating AI Rules For Licensed Pros

    A New Jersey legislative committee has advanced a bill aimed at creating a model policy governing the use of generative artificial intelligence by licensed professionals across the state.

  • May 29, 2026

    Streamers Deemed NJ Employees, Contractors Under FLSA

    A New Jersey federal judge ruled Friday that adult entertainers who perform on a streaming service are independent contractors under federal wage law but employees under New Jersey law, handing both sides partial wins in a wage class and collective action over the platform's pay practices.

Expert Analysis

  • 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.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.