Wage & Hour

  • June 04, 2026

    Maynard Nexsen Grows Dallas Roster With 4 Atty Additions

    Maynard Nexsen PC has bulked up in Dallas with a new shareholder and of counsel who joined from Steptoe & Johnson PLLC, an associate who arrived from Winstead PC and an associate who has relocated from the firm's Washington, D.C., office.

  • June 04, 2026

    Georgia-Pacific Improperly Calculates Overtime, Suit Says

    Paper and building products manufacturer Georgia-Pacific shorted hourly workers on overtime by failing to include performance pay and other nondiscretionary compensation in their regular rate of pay, a forklift operator alleged in a proposed collective action in Georgia federal court.

  • June 04, 2026

    Call Center Worker's Va. Wage Claim Axed For FLSA Overlap

    A Massachusetts federal judge tossed a call center worker's Virginia overtime claim against a home security company, finding the state law at issue merely repackages rights already protected by federal law.

  • 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.

Expert Analysis

  • 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.

  • 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.