Wage & Hour

  • May 07, 2026

    Catering Co. Misclassified Delivery Drivers, Suit Says

    Delivery drivers for a catering platform were misclassified as independent contractors and denied minimum wages and overtime pay, according to a proposed class action in California state court.

  • May 07, 2026

    NJ's ABC Test Rule Is Scaled Down But Still Burdensome

    New Jersey's highly anticipated final rule codifying a three-prong ABC test doesn't contain some of the more controversial aspects of its proposed version but will still make it harder for businesses to classify workers as independent contractors, attorneys said.

  • May 07, 2026

    Child Support Debtors Get Prison Work Pay Class Certified

    Former inmates at the Lackawanna County Prison who worked at a county recycling center for just $5 per day can get their long-running lawsuit certified as a class action, albeit only for inmates who had been incarcerated solely because of missing child support payments, a Pennsylvania federal judge ruled Wednesday.

  • May 07, 2026

    AstraZeneca Reps Fight To Keep Opt-Ins In Pay Bias Suit

    Female pharmaceutical sales representatives in an AstraZeneca equal pay suit have urged an Illinois federal court to reject the company's bid to dismiss two dozen opt-in plaintiffs for refusing discovery, saying the women feared retaliation and career consequences.

  • May 07, 2026

    Va. Judge Seeks More Info On Law Firm Wage Deal's Fees

    A Virginia federal judge declined to approve a proposed $52,500 settlement of a former case manager's lawsuit alleging that a law firm stiffed her on overtime, saying Thursday that the parties failed to provide enough information related to attorney fees and costs.

  • May 07, 2026

    New PBGC Amicus Program Offers Input On Important Cases

    Litigants involved in benefits cases that involve novel or significant pension-related issues can now ask the Pension Benefit Guaranty Corp. to lodge briefs shedding light on their disputes, the PBGC announced Thursday.

  • May 07, 2026

    5th Circ. Agrees To Toss Appeal In Overtime Rule Challenge

    The Fifth Circuit agreed Thursday to toss an appeal challenging a Biden-era overtime rule in a suit brought by a Texas marketing company against the U.S. Department of Labor.

  • May 06, 2026

    Safeway Hit With Wash. Break Pay, OT Suit

    Safeway Inc. broke Washington state law by denying employees required meal and rest breaks and failing to adequately compensate them for missed or interrupted breaks, a former worker has claimed in a proposed class action filed in King County Superior Court.

  • May 06, 2026

    2nd Circ. Ruling Will Restrict Where Workers Bring Collectives

    More workers will need to limit putative wage and hour collective actions to a single state or seek to bring a wider action where their employer is based or primarily does business, after the Second Circuit joined others in barring out-of-state workers from joining collective actions, attorneys said.

  • May 06, 2026

    Buffalo Exchange Defeats Damages Bid In NY Paycheck Row

    Buffalo Exchange's New York employees can't collect liquidated damages on their claim that the company unlawfully issued paychecks biweekly instead of weekly, a New York federal judge ruled Wednesday, saying workers can't seek damages when their employer pays them semimonthly and hasn't violated the state's paycheck timing rule before.

  • May 06, 2026

    NJ Finalizes ABC Test Rule For Independent Contractor Status

    New Jersey adopted regulations codifying a test for determining whether workers are employees or independent contractors, establishing a classification framework set to take effect Oct. 1, the state has announced.

  • May 06, 2026

    Target Workers Fight Walking-Time Suit Dismissal Bid

    Target warehouse workers urged a Washington federal judge to reject the retailer's bid to dismiss a proposed class action claiming employees weren't paid for time spent walking inside a distribution center before and after shifts, arguing they plausibly alleged they were on duty during that time.

  • May 06, 2026

    BofA Can Shield OT Docs In Mortgage Officers' Suit

    A North Carolina federal judge has sided with Bank of America in a discovery dispute over documents the bank withheld as privileged in a mortgage loan officers' overtime lawsuit, finding the materials were part of a protected legal review process.

  • May 06, 2026

    Judge Approves $2.25M Walmart Wage Deal On Third Try

    A decade-long wage lawsuit against Walmart has come to a close after a California federal judge granted final approval of a $2.25 million class action settlement that includes claims under California's Private Attorneys General Act.

  • May 06, 2026

    DOL, OT Rule Challenger Ask 5th Circ. To Toss Case

    A Texas marketing company and the U.S. Department of Labor asked the Fifth Circuit to toss an appeal challenging a Biden-era overtime rule, according to a joint filing Tuesday.

  • May 05, 2026

    Mental Health Leave Requests Are Rising, Survey Says

    Top corporate legal officers and executives are seeing a significant influx of leave and accommodation requests tied to workers' mental health, and an uptick in requests for pregnancy-related job modifications, according to a survey released Wednesday by Littler Mendelson PC.

  • May 05, 2026

    Papa John's Workers Defend No-Poach Deal From Objections

    Papa John's employees are continuing to push a Kentucky federal court to approve a $5 million settlement for the pizza chain's past use of "no-poach" provisions in its franchise agreements, saying a handful of newly discovered objections offer no reason to reject the deal.

  • May 05, 2026

    Hockey Players Urge 9th Circ. To Revive U.S. Antitrust Claims

    A U.S. federal court erroneously ruled that federal antitrust law did not apply in a case involving Canada-based hockey leagues and teams, players hoping to revive their suit alleging mistreatment by the developmental leagues told the Ninth Circuit on Monday.

  • May 05, 2026

    Energy Firm Accused Of Stiffing Consultants On OT

    An energy consulting firm failed to pay overtime to hourly consultants who regularly worked more than 40 hours per week on infrastructure projects across the country, according to a collective action filed Tuesday in Minnesota federal court.

  • May 05, 2026

    Top PAGA Atty Talks Calif.'s Proposal To Curb Frequent Filers

    California’s proposed rule for punishing “vexatious filers” of Private Attorneys General Act notices isn’t clear enough about the state workforce agency’s oversight plans, said Elizabeth Parker-Fawley of Lawyers for Justice. She spoke with Law360 about the firm’s PAGA strategy, the 2024 amendment and the regulation.

  • May 05, 2026

    Ogletree Adds Ex-Jackson Lewis Labor Pro In Boston

    A former equity principal from Jackson Lewis PC with nearly three decades of experience representing and counseling employers on labor and employment issues has joined Ogletree Deakins Nash Smoak & Stewart PC as a shareholder in its Boston office, the firm has announced.

  • May 05, 2026

    4th Circ. Judge 'Uneasy' With Anheuser-Busch OT Class

    A Fourth Circuit panel seemed unlikely to leave untouched a certified class of Anheuser-Busch LLC workers alleging the brewing giant failed to pay for pre- and post-shift work, taking issue with disparities in the class such as members hired before and after COVID personal protective equipment requirements.

  • May 05, 2026

    GOP House Bill Would Cut Restricted Stock Units From OT

    Restricted stock units would be excluded from the calculation of overtime pay under federal wage law under a bill introduced by a Republican U.S. House lawmaker.

  • May 05, 2026

    DOL Says It Will Decide Biden OT Rule's Fate By End Of June

    The U.S. Department of Labor told a D.C. federal court that it will make a final call by the end of June on how it will proceed with an overtime rule issued during the Biden administration.

  • May 05, 2026

    Freight Carrier Denied Workers Breaks, OT, Suit Says

    A Washington freight carrier denied workers meal and rest breaks, failed to pay overtime and sick leave and required employees to sign unlawful noncompete agreements, a proposed class action filed in state court said.

Expert Analysis

  • 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.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 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.