Wage & Hour

  • February 13, 2026

    NY Forecast: 2nd Circ. Hears Ex-ConEd Worker's New Trial Bid

    This week, the Second Circuit will consider a former Con Edison worker's claim that a trial court improperly excluded evidence from trial that limited the amount of backpay that she was able to receive despite the jury finding the energy company retaliated against her.

  • February 13, 2026

    4 Tips For NYC Employers As Leave Law Expands

    Employers should prepare for brand-new hires to take leave now that New York City has made unpaid sick and safe leave immediately available to workers without it needing to accrue, attorneys said. Here, Law360 explores how employers can comply with the new requirements.

  • February 13, 2026

    CSX Wants Quick 11th Circ. Appeal In Workers' FMLA Fight

    CSX Transportation Inc. is asking a Florida federal court to allow for an immediate appeal to the Eleventh Circuit of the denial of its bid to dismiss a former employee's medical leave claims, arguing that the ruling runs counter to what other appellate courts have said on this statute of limitations issue.

  • February 13, 2026

    Food Distributor To Take Arb. Pacts Ruling To Supreme Court

    A food service business told a Connecticut district court it plans to ask the U.S. Supreme Court to take up two distributors' misclassification case, asking the lower court to pause litigation after the Second Circuit ruled that the workers could dodge arbitration.

  • February 13, 2026

    Ex-Sysco Technician's Religious Bias, OT Suit Trimmed

    A former Sysco diesel technician and Christian preacher failed to support constructive discharge and overtime time claims in his suit alleging he was treated differently because of his religion and denied overtime, a North Carolina federal judge ruled, trimming those claims while also cutting certain claims for retaliation.

  • February 13, 2026

    NC High Court Snapshot: County Tax Tiff, Earth Fare Pay Fight

    North Carolina's highest court kicks off its first week of arguments in 2026 with a look at how a coastal county is spending its occupancy tax dollars on public safety, and whether those allocations flout a state law mandating the funds be put toward tourism.

  • February 13, 2026

    Indiana AG Declines To Intervene In Posner Wage Suit

    Indiana's attorney general has declined to intervene in a pro se plaintiff's suit seeking to revive $170,000 in wage claims against retired Seventh Circuit Judge Richard A. Posner, finding the case did not pose a "substantial" constitutional challenge to a state statute mandating that delayed contracts must be written and signed to be enforced.

  • February 13, 2026

    Employment Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP snagged substantial management-side wins last year, including a decision from the Maryland Supreme Court ruling that the de minimis doctrine for federal wage and hours cases applies to state claims, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 13, 2026

    Calif. Forecast: $12M Delta Wage Deal Up For Approval

    In the next two weeks, attorneys should keep an eye out for potential final approval of a $12 million deal to resolve a class action alleging Delta Air Lines failed to pay proper wages. Here's a look at that case and other labor and employment matters coming up in California.

  • February 13, 2026

    Insurance Call Center Misclassifies Workers, Suit Says

    An insurance call-center business misclassified its sales representatives as independent contractors and flouted "the most basic payroll" requirements by paying them through a cash app, a worker said in a proposed collective action in Florida federal court.

  • February 12, 2026

    Colo. Appeals Panel Backs Ex-Director's $3.36M Jury Award

    A Colorado appellate court panel affirmed on Thursday a $3.36 million jury verdict in favor of a natural gas marketing company ex-trading director, but denied him the $10 million in statutory penalties he sought, saying an earlier version of the Colorado Wage Claim Act applied.

  • February 12, 2026

    10th Circ. Says Papa John's Franchise Can't Dodge Wage Suit

    New Mexico federal court correctly lifted a stay in a delivery driver's wage and hour suit against a Papa John's franchisee because the entity was in default after it failed to pay the arbitration fees, the Tenth Circuit ruled Thursday.

  • February 12, 2026

    Texas Ambulance Co. Faces Suit Over 'Safety Naps' Deduction

    An ambulance company required off-the-clock work, automatically deducted time for "safety naps" during employees' 24-hour shifts and failed to include bonuses in overtime calculations, according to a proposed collective action filed in Texas federal court Thursday.

  • February 12, 2026

    Telehealth Co. Misclassified Employees, Ex-Physician Says

    A telehealth platform for weight management misclassified healthcare providers as independent contractors, denying them full wages and expense reimbursements, a former physician alleged in a proposed class and collective action filed in California federal court.

  • February 12, 2026

    Employment Group Of The Year: The DeRubertis Law Firm

    The deRubertis Law Firm APC secured recent jury verdicts for workers in employment litigation, including nearly $35 million in a defamation suit and $27.5 million in a whistleblower case, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 12, 2026

    3rd Circ. Won't Reconsider OT Ruling Against Home Care Co.

    The full Third Circuit will not reconsider a panel decision upholding a $1 million judgment against a home health company in a U.S. Department of Labor suit accusing it of failing to pay in-home care providers minimum wage and overtime.

  • February 12, 2026

    Staffing Co. Recruiters Not OT-Exempt, Judge Rules

    TEKsystems Inc. recruiters performed routine sales production work that did not rise to the level of administrative work necessary to be exempt from overtime under the Fair Labor Standards Act, a Pennsylvania federal judge ruled.

  • February 11, 2026

    11th Circ. Says Infirm FLSA Deal Precludes Nonwage Claims

    The Eleventh Circuit shut down a lawsuit against a cannabidiol products company Wednesday, rejecting a former worker's argument that the failure to secure approval for a settlement ending a prior case where he alleged wage-and-hour violations left him an avenue to subsequently sue for fraud.

  • February 11, 2026

    UFC Fighters Say Talent Agency Shirking Discovery Order

    Fighters who accuse the Ultimate Fighting Championship of suppressing wages asked a Nevada federal judge to order a third-party talent agency to explain why it should not be held in contempt for violating a discovery order.

  • February 11, 2026

    Ex-Manager Says Zipcar Used Illegal Noncompetes, Pay Rules

    Zipcar enforced noncompetes against employees who did not meet Washington state's earnings threshold and barred managers from discussing their wages in violation of state law, a former manager alleged in a proposed class action filed in state court.

  • February 11, 2026

    NC Jury Clears Fuel Parts Co. In PPE Pay Suit

    A federal jury in North Carolina found that a former worker at a fuel parts manufacturing company who alleged he wasn't paid for overtime or for time spent putting on personal protection equipment failed to prove that he hadn't received the wages he'd been promised.

  • February 11, 2026

    Texas Oil Drilling Co. Failed To Pay OT, Worker Alleges

    An oil drilling service provider systematically failed to pay its employees for their overtime and asked them to rework their time sheets to show fewer working hours, a worker told a Texas federal court.

  • February 11, 2026

    Employment Group Of The Year: Morgan Lewis

    Morgan Lewis & Bockius LLP scored wins for several major companies over the last year, including a Second Circuit ruling for X Corp. that courts cannot compel payment of arbitration fees mid-proceeding and one for AstraZeneca in a nearly $50 million equal pay dispute, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 11, 2026

    Ex-Goldman Unit Workers Must Arbitrate Unpaid Wage Claims

    Customer service employees must arbitrate wage claims against a fintech company formerly owned by Goldman Sachs, a Georgia federal judge ruled on Wednesday, finding that arbitration agreements referencing Goldman Sachs remain enforceable even after the employer was divested from the banking giant.

  • February 11, 2026

    4th Circ. Won't Revisit Butterball Worker's Wage Suit

    The full Fourth Circuit said it won't review a panel's decision finding that a Butterball turkey catcher was paid on a piece-rate basis and that he couldn't pursue claims for unpaid wages under state law.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.