Wage & Hour

  • February 09, 2026

    Co. Underpaid JFK Airport Bartenders For Years, Suit Says

    An operator of bars and restaurants at John F. Kennedy International Airport underpaid employees for years by unlawfully taking a tip credit, requiring off-the-clock work and undermining seniority protections guaranteed by a labor contract, two former bartenders alleged in a proposed class and collective action filed in New York federal court.

  • February 09, 2026

    Guam Can't Appeal Military Leave Suit Loss At 9th Circ.

    A retirement fund for Guam government employees did not meet the standard for an immediate appeal of a ruling that its leave-sharing program violates federal military service protections, a federal judge ruled Monday, denying the territory's and fund's Ninth Circuit bid.

  • February 09, 2026

    Employment Group Of The Year: Seyfarth

    Seyfarth Shaw LLP's employment team locked in an arbitration win for an energy company accused of wage violations, successfully defended Seattle in a pandemic-related battle and shut down a long-running California labor code suit against Columbia Sportswear, earning the firm a place among the 2025 Law360 Employment Groups of the Year.

  • February 09, 2026

    Conn. Atty Sanctioned For Another Case Of AI Misuse

    A Connecticut labor litigator's vow to permanently cease using generative artificial intelligence tools in his practice after he allowed AI-generated errors to appear in separate but similar June filings has weighed in his favor as a Bridgeport federal judge ordered sanctions against the attorney.

  • February 06, 2026

    Starbucks Gets Mo.'s 'Speculative' DEI Bias Suit Thrown Out

    A Missouri federal judge dismissed the state's suit claiming that Starbucks' diversity policies discriminate based on race and gender, finding that its complaint is "devoid of non-conclusory and non-speculative allegations establishing any actual, concrete and particularized injuries to Missouri citizens."

  • February 06, 2026

    5th Circ. Backs Texas Farm Bureau In Ex-Manager's OT Suit

    The Fifth Circuit found Friday that a former Texas Farm Bureau agency manager failed to prove his old employer owes him overtime pay, saying the ex-employee didn't show that the Farm Bureau knew he was working overtime.

  • February 06, 2026

    Deputies Say Wayne County Flubbed Payroll System Switch

    Wayne County, Michigan, is facing a proposed class and collective action from sheriff's deputies alleging they were denied straight-time wages, overtime and earned benefits after the implementation of a new payroll system.

  • February 06, 2026

    Future Of NJ's ABC Test Unclear Amid New Governor's Freeze

    New Jersey employers should follow the state's ABC test for independent contractor classification that comes from case law while the new governor decides how to proceed with a rule her predecessor proposed to codify that test, attorneys said.

  • February 06, 2026

    Ex-President Accuses Physician AI Co. Of Fraud, Wage Theft

    A data science platform and its top brass persuaded its former chief strategy officer and president to invest $750,000 in the business, only then to not pay him wages, the former employee told a North Carolina federal court, claiming he's owed more than $430,000 in commission wages.

  • February 06, 2026

    Hard Rock NY Workers Get Conditional Cert. in Wage Suit

    Restaurant workers at eateries inside the New York City Hard Rock Hotel who accused their employer of stiffing them on pay for all hours worked, automatically deducting meal breaks and improperly managing tips can proceed as a collective, a New York federal magistrate judge ruled.

  • February 06, 2026

    NC Restaurants Say They Didn't 'Keep' Tips In DOL Wage Suit

    Two North Carolina restaurants urged a federal court Friday to narrow a U.S. Department of Labor lawsuit alleging they unlawfully kept and pooled tips from front-of-house workers and allocated the funds to tip-ineligible back-of-house employees, arguing they did not "keep" the tips by distributing them to nontipped workers.

  • February 06, 2026

    NY Forecast: Home Aides Ask For Preliminary OK Of $6M Deal

    This week, a New York federal magistrate judge will consider granting preliminary approval to a $6 million class action settlement resolving allegations from home health aides who claimed a provider did not pay them for all hours they worked during live-in shifts.

  • February 06, 2026

    FLSA Does Not Bar Claim Waivers, Wash. Judge Says

    The Fair Labor Standards Act does not categorically bar a contract's release of an employee's claims, a Washington federal judge ruled, finding that a former pharmaceutical manufacturing company worker's severance agreement that included a general release of claims precludes his wage suit.

  • February 06, 2026

    Calif. Forecast: 9th Circ. To Hear Utility District Bias Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a discrimination case against a utility district. Here's a look at that case and other labor and employment matters on deck in California.

  • February 06, 2026

    DOL Rolls Out New Minimum Wage For Federal Contractors

    The new minimum hourly wage for federal contractors will be set at $13.65, the U.S. Department of Labor Wage and Hour Division said Friday, a move coming after the Trump administration nixed a Biden-era rule setting the wage to $15.

  • February 05, 2026

    Tesla Applicants Fight Uphill To Keep H-1B Visa Bias Suit Alive

    A California federal judge appeared open Thursday to tossing a proposed class action alleging Tesla discriminates against American workers by favoring allegedly underpaid H-1B visa holders, telling counsel repeatedly during a hearing the allegations seem to be "speculation."

  • February 05, 2026

    Elevance Fights Nurses' '11th Hour' Class Expansion

    Health insurer Elevance told a North Carolina federal court that it should deny a former nurse's attempt to expand a class definition in her overtime-exempt misclassification lawsuit, arguing that the reworked definition would entirely upend the litigation and prejudice the insurer.

  • February 05, 2026

    DOL Must Pay Retaliation Suit Atty Fees, Farm HR Head Says

    The U.S. Department of Labor should pay attorney fees and expenses that a human resources manager at a Tennessee pork farm incurred to defend the agency's retaliation suit, the manager told a federal court Thursday, saying the department failed to investigate the claims against her before suing.

  • February 05, 2026

    Red Lobster Wants Worker's Wage Suit Sent To Arbitration

    A Red Lobster worker must pursue her Illinois wage claims in arbitration rather than federal court because she agreed to arbitrate employment disputes when she was rehired, the restaurant chain said Thursday.

  • February 05, 2026

    NYC Issues Proposed Rules On Upcoming Sick Time Changes

    The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.

  • February 05, 2026

    Aircraft Service Co. Denied OT, Full Pay, Ex-Worker Tells Court

    An aircraft services company stiffed workers on overtime and pay for all hours worked, a former employee alleged in a proposed collective action complaint filed in Texas federal court.

  • February 05, 2026

    Neuroscience Co. Withheld Wages, OT From COO, Suit Says

    A neuroscience company and a related entity paid their former chief operations officer late or not at all and cheated her out of overtime, the former executive said in a proposed class and collective action in New York federal court.

  • February 05, 2026

    Harvesting Co. To Pay $6.1M To Settle Calif. Wage Suit

    A California-based harvesting company and related entities will pay over $6.1 million for failing to tell farmworkers about their paid sick leave options and stiffing them on their full wages, the California Labor Commissioner's Office has said.

  • February 05, 2026

    Cos.' Per Diem Pay Scheme Costs Workers OT, Suit Says

    An energy infrastructure company and a construction company underpaid workers by treating part of their compensation as per diem payments excluded from overtime calculations, a worker said in a proposed collective action filed in Virginia federal court.

  • February 05, 2026

    Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule

    Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.

Expert Analysis

  • 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.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.