Wage & Hour

  • October 07, 2026

    Cracker Barrel Can't Use High Court Ruling To Reopen Suit

    An Arizona federal judge refused to let Cracker Barrel use a recent U.S. Supreme Court decision to reopen a collective certification ruling in a wage suit, finding the restaurant chain waited too long to raise arguments and that the high court's decision does not address collective certification standards.

  • October 06, 2026

    Colo. Hospital Employee Asks For Class Cert. In OT Suit

    An employee of a Colorado hospital is seeking class certification in her proposed collective action accusing the hospital of shorting employees' pay by deducting 30-minute meal breaks from paychecks despite allegedly requiring employees to work through the breaks. 

  • October 06, 2026

    Construction Co., DOL Seek To Scrap Trucker Wage Ruling

    A construction company and the U.S. Department of Labor jointly asked an Illinois federal court Tuesday to set aside a final agency ruling and send the matter back to the agency, following a Texas court's decision striking down a President Joe Biden-era rule on prevailing wage calculations.

  • October 06, 2026

    Ga. Delivery Co. Will Pay $27.5K To Resolve OT Suit

    An Atlanta-area FedEx delivery contractor asked a Georgia federal judge to approve a $27,500 settlement with a former delivery driver who accused the company of paying him a flat wage and withholding overtime pay in violation of the Fair Labor Standards Act.

  • October 06, 2026

    DOL Cancels Proposal To Nix Wage-Hour Guidance

    The U.S. Department of Labor on Tuesday said it is withdrawing a proposal to remove interpretive rules and policy statements regarding the Fair Labor Standards Act that had not gone through notice-and-comment rulemaking.

  • October 06, 2026

    Omni Evicted Foreign Workers After Pay Gripes, Suit Says

    Three Costa Rican former workers at a hotel in Atlanta have sued Omni Hotels in federal court, accusing the company of violating federal wage law and retaliating against workers who complained about pay by booting them from employer-sponsored housing.

  • October 06, 2026

    Zinc Mine Workers Settle OT Suit Over Off-Clock Duties

    A zinc mine worker and a proposed collective of hourly employees have reached a settlement with a Tennessee company to end an overtime suit alleging workers were not paid for time spent putting on protective gear and attending safety meetings before their shifts, according to a federal court filing.

  • October 06, 2026

    DuPont Will Pay $400K To End Suit Alleging Off-The-Clock OT

    DuPont agreed to pay $400,000 to settle claims that it stiffed employees on overtime pay for pre- and post-shift work, according to a Delaware federal court filing.

  • October 05, 2026

    'Bikini Barista' Owner Owes Worker $1.4M For Legal Fees

    A Washington woman who successfully sued the owner of coffee kiosks known as bikini barista espresso stands won a $1.4 million state court award for attorney fees and costs, with the judge denying the defense's request for a 30% reduction in fees.

  • October 05, 2026

    DOL Given Until Year End To Fix H-2A Farmworker Wage Rule

    A California federal court has ordered the U.S. Department of Labor to issue a replacement wage rule for temporary agricultural workers by year-end, rejecting the agency's request for up to six months and setting the existing unlawful rule to expire by the same deadline.

  • October 05, 2026

    Colo. Caesar's Bartender Says Retaliation Cost Him Tips, Job

    A former casino bartender has told a Colorado federal judge he was retaliated against and terminated by his managers for reporting a coworker's drug use and sexual harassment.

  • October 05, 2026

    Sous Chef Tips A Focus Of NYC Restaurant Law Gathering

    Restaurants are expected to continue facing wage and hour lawsuits by workers with specialized roles, such as sous chefs, sushi chefs, sommeliers and oyster shuckers, panelists said at the New York City Bar Association's gathering of hospitality lawyers, adding that the analysis in such litigation remains case by case.

  • October 05, 2026

    4 Looming Questions About Calif.'s New Workplace AI Laws

    Several recently signed California laws imposing new rules on companies that use artificial intelligence to manage their workforces include broad concepts that experts said could give the statutes wider reach than employers may be anticipating. Here are four questions compliance experts have about the state's new AI laws.

  • October 05, 2026

    Fox Tells DC Circ. Worker Wasn't Fired Over Leave, Politics

    Fox News urged the D.C. Circuit to reject a former Capitol Hill producer's bid to revive claims that he was fired over his political views and use of sick leave, arguing he was terminated instead for insubordination and unprofessional conduct.

  • October 05, 2026

    Plumbing Co. Seeks To Boot 3 Workers From OT Collective

    A Georgia plumbing company has asked a federal court to remove three workers who opted in to an overtime collective action, arguing that they all signed arbitration agreements barring them from joining class or collective suits, though one worker says the signature on his agreement is not his.

  • October 05, 2026

    High Court Turns Away Delta Pilots' Military Leave Bias Suit

    The U.S. Supreme Court refused Monday to hear former Delta Air Lines pilots' challenge to an Eleventh Circuit ruling that grounded their suit alleging the airline pushed them out of their jobs for taking military leave.

  • October 05, 2026

    Justices Won't Review If NJ Wage Laws Exclude Immigrants

    The U.S. Supreme Court declined on Monday to review a New Jersey high court ruling that allows unauthorized immigrant workers to pursue claims under the state's wage-and-hour laws.

  • October 02, 2026

    Rivian Accused Of Denying Wash. Workers Breaks, OT Pay

    Electric vehicle maker Rivian broke multiple employment laws in Washington state and Seattle by failing to provide mandated meal and rest breaks, shorting workers on pay and failing to reimburse business expenses, according to a former employee's proposed class action filed Tuesday.

  • October 02, 2026

    UFC Wants To Know Who's Backing Fighters' Wage Case

    The Ultimate Fighting Championship is pressing a Nevada federal judge to pull back the curtain on the funding of a proposed wage-fixing class action that has been snaking through federal court for years.

  • October 02, 2026

    Pa. Hospital Workers Sue Over Biased Time Rounding

    A patient registration worker sued the University of Pittsburgh Medical Center in federal court Friday, alleging the hospital system's timekeeping software rounds time in the company's favor, while requiring patient services staff to work off the clock before and after their shifts and during meal breaks without compensation.

  • October 02, 2026

    Hertz Hit With PAGA Suit Over Off-Clock Work

    Hertz stiffed workers on their full pay by rounding their time, making them wait off the clock to use a timekeeping terminal and requiring them to respond to work messages during breaks and after shifts, according to a Private Attorneys General Act suit.

  • October 02, 2026

    Fisher Phillips Launches Miami Shop With Zumpano Castro

    Labor and employment law firm Fisher Phillips has launched a new Miami office with help from boutique firm Zumpano Castro.

  • October 02, 2026

    Ex-Legg Mason Worker Keeps 401(k), Leave Claims Alive

    A former Legg Mason product marketing employee can move forward with claims that she was wrongly denied 401(k), stock purchase, paid time off and vacation benefits despite being labeled a temporary worker, a New York federal judge ruled, while tossing her claim for severance benefits.

  • October 02, 2026

    Medical Call Center Denied Leave To New Mothers, EEOC Says

    A Florida-based medical call center and answering service unlawfully forced pregnant women to resign after giving birth rather than give them time off, the U.S. Equal Employment Opportunity Commission alleged in a new lawsuit.

  • October 02, 2026

    Nike Fights Bid For Class Pay Records In Wage Suit

    Nike opposed a Washington retail worker's request for classwide pay and scheduling records in federal court, arguing the demands would require more than 1,400 hours of manual retrieval from computer systems and that he has not shown why 2,000 employees' records are needed for class certification.

Expert Analysis

  • Flashpoints In Focus: Harassment At Work After Epstein Files

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    The recent release of millions of documents related to Jeffrey Epstein's sex trafficking scheme has renewed a movement to hold perpetrators of sexual assault and harassment responsible, making it a perfect time for employers to ensure they have a strong system for preventing and addressing workplace harassment, say attorneys at Seyfarth.

  • 3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

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    To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.

  • Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

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    The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a government contractor faces liability because they can no longer routinely assert their immunity under the government contract and must instead make a showing on the merits, says Terry Collingsworth at International Rights Advocates.

  • How NY Stay-Or-Pay Law Shifts Leverage Dynamics

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    The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but its lack of a private right of action represents a meaningful departure from other employment laws, dramatically shifting leverage from the courtroom to a state agency, says James Valentino at Clayman Rosenberg.

  • H-1B Registration Tips For New Wage-Weighted Selection

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    Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • What Employers Should Know About Calif. PAGA Proposal

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    Recently proposed regulations concerning the Private Attorneys General Act evidence an intent by California's Labor and Workforce Development Agency to play a greater role in the prosecution of PAGA actions, including more oversight over the exhaustion notices and settlement process, say attorneys at Paul Hastings.

  • 11th Circ. Ruling Offers Guidance On Compensable Work Time

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    In Villarino v. Pacesetter Personnel Service, the Eleventh Circuit recently ruled that commuting does not become compensable simply because an employer offers transportation, emphasizing that courts will examine whether employees retain meaningful choice and how policies operate, says Lauren Swanson at Hinshaw.

  • Flashpoints In Focus: Limiting Risk In Workplace Holidays

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    As holidays and other observances increasingly become lightning rods of division, employers can chart an inclusive way forward by reviewing the relevant legal framework, and examining the company's policies, values and business needs, say attorneys at Seyfarth.

  • Ambiguity Remains On Anti-DEI Grant Conditions

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    Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • What A Calif. Mileage Tax Would Mean For Employers

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    California is considering implementing a mileage tax that would likely trigger existing state laws requiring employers to reimburse employees for work-related driving, creating a new mandatory business expense with significant bottom-line implications for employers, says Eric Fox at Ogletree.