Wage & Hour

  • March 13, 2026

    H-2A Workers Reach $305K Deal In Wage Dispute With Farm

    Lee and Sons Farms told a North Carolina federal court it has agreed to pay $305,000 to settle claims from migrant H-2A workers who accused it of underpaying them and forcing them to buy inadequate meals.

  • March 13, 2026

    Staffing Co. Wants Pa. Court To Rethink OT Exemption Ruling

    A Pennsylvania federal court relied on the wrong standards when it ruled that TEKsystems Inc. recruiters did not perform administrative work that was overtime-exempt under the Fair Labor Standards Act, the staffing company said, adding that the court incorrectly shifted the burden of proof of overtime ineligibility to the company. 

  • March 13, 2026

    CSX Can't Get Quick Appeal In Fired Worker's FMLA Suit

    CSX can't immediately ask the Eleventh Circuit to take up a former employee's lawsuit claiming he was unlawfully fired for taking medical leave, a Florida federal judge ruled, saying the district court's conclusion that the worker hadn't waited too long to file suit wasn't eligible for a mid-case appeal.

  • March 13, 2026

    Reed Smith Is Ignoring Expanded Back Pay Window, Atty Says

    A former Reed Smith LLP attorney who claimed she was unlawfully underpaid told a New Jersey state court on Friday that the firm's bid to limit the window of time for which she's seeking damages is an attempt to roll the case back in time.

  • March 13, 2026

    Teamsters, United Slam Workers' Bid To Reopen Wage Case

    An International Brotherhood of Teamsters local has urged a California federal court not to reopen a lawsuit alleging that United Airlines and the union unlawfully reduced the wages of flight attendants, arguing that new evidence the airline employees are seeking to bring forward isn't admissible in the case.

  • March 13, 2026

    Driver Seeks Contempt Order For Trucking Co. In Wage Suit

    A trucking company has refused to provide an updated class list or confirm a proposed notice in a driver misclassification lawsuit, a former employee said in his bid to hold the company in contempt filed in Illinois federal court. 

  • March 13, 2026

    Lawn Care Co. Wants Win Against DOL's H-2B Fines Power

    The U.S. Department of Labor couldn't impose more than $160,000 in unpaid wages and civil penalties on a lawn care services company and a related entity for what the agency alleged were violations of the H-2B program, the companies told a Pennsylvania federal court.

  • March 13, 2026

    Shipping Co. To Reclassify Drivers In $7M Settlement With NJ

    A shipping company agreed to pay $7 million and reclassify its delivery drivers as employees to resolve findings that it improperly treated more than 1,000 drivers as independent contractors, the New Jersey attorney general's office said.

  • March 13, 2026

    Calif. Forecast: Meta Wants Out Of Whistleblower Suit

    In the next week, attorneys should watch for a hearing on a motion to dismiss a whistleblower retaliation suit against Meta. Here's a look at that case and other labor and employment matters on deck in California.

  • March 13, 2026

    NY Forecast: Judge Weighs Tossing Fired Teacher's Bias Suit

    This week, a New York federal judge will consider the New York City Department of Education's effort to dismiss a former teacher's suit claiming she faced a hostile work environment and discrimination from school leadership due to an anxiety disorder.

  • March 12, 2026

    DOJ Wants Morgan Stanley, DOL Opinion Dispute Tossed

    The U.S. government has moved to dismiss a suit from former Morgan Stanley financial advisers challenging a U.S. Department of Labor advisory opinion that said the bank's deferred compensation plans likely aren't covered by federal benefits law, with the advisers responding by saying the agency's finding is hurting them because the bank is using it in arbitration proceedings.

  • March 12, 2026

    Amazon, Workers Clash Over Security Pay At 2nd Circ.

    Amazon and a group of warehouse workers sparred in letters to the Second Circuit over the impact a recent Connecticut Supreme Court ruling has on whether employees must be paid for time spent exiting company warehouses.

  • March 12, 2026

    Harrah's, Resorts Dealer Joins Atlantic City Tip Pool Suit Blitz

    Two more casinos were hit with proposed class and collective actions in New Jersey federal court by a dealer who alleges the Atlantic City-based casinos paid less than minimum wage to tipped employees and illegally required them to pool tips.

  • March 12, 2026

    SC Judge Won't Halt DOL H-2A Action Against Farming Co.

    A South Carolina federal judge has declined to block a U.S. Department of Labor administrative enforcement action accusing a farming company of underpaying foreign agricultural workers, finding the employer failed to show it was likely to succeed on its constitutional claims or face irreparable harm.

  • March 12, 2026

    Food Service Co. Sued Over Unpaid Travel Time At LAX

    A food service company failed to pay employees for time spent shuttling to and from an American Airlines lounge at Los Angeles International Airport, resulting in unpaid minimum and overtime wages, according to a proposed class action filed in Los Angeles County Superior Court.

  • March 12, 2026

    Mass. Co. Fights Debarment Over Prevailing Wages Dispute

    A Massachusetts water tank inspection company should not have to face a one-year debarment for prevailing wage violations, the company told a state court, arguing that it already paid the citations and being prevented from entering into contracts would be "fatal" to its business.

  • March 11, 2026

    Hard Rock, Other Casinos Kept Illegal Tip Pools, Dealers Say

    Bally's, Hard Rock, Borgata and Tropicana were hit with proposed class and collective actions Tuesday in New Jersey federal court by dealers who alleged the Atlantic City-based casinos paid less than minimum wage to tipped employees and illegally required them to pool tips, in violation of federal and state wage laws. 

  • March 11, 2026

    GreenSky, Ex-Workers Settle Wage Claims Amid Arbitration

    GreenSky LLC told a Georgia federal court Wednesday it's reached a settlement in a wage suit from former customer service employees a month after the fintech company won a bid to force the suit into arbitration.

  • March 11, 2026

    911 Dispatchers Say Pa. County Averaged Hours To Short OT

    A Pennsylvania county averaged emergency dispatchers' and assistant supervisors' hours over two-week pay periods to avoid paying overtime premiums, according to a proposed collective action filed in federal court.

  • March 11, 2026

    Home Care Co. Can't Dodge Liquidated Damages In Wage Suit

    The 2025 amendments to New York state's pay frequency law don't save employers from liquidated damages when they pay employees less than what they are owed, a federal magistrate judge said Wednesday, recommending that a home care company's partial win bid be rejected.

  • March 11, 2026

    Paralegal's OT Claims Met With Countersuit Over TikTok Video

    Houston-based Callender Bowlin has struck back against a fired paralegal in federal court with counterclaims that she lied about the firm on TikTok and with allegations of fraud and "strange" office behavior.

  • March 11, 2026

    Apple Affiliate Can't Unravel Classes After Wage Verdict

    An Apple-affiliated repair company cannot undo five classes in a wage and hour suit that snagged a nearly $840,000 win for employees, a North Carolina federal judge ruled Wednesday, rejecting arguments that a recent Fourth Circuit ruling undermined the court's earlier decision.

  • March 11, 2026

    Sales Agents Showed Insurance Co. Willfully Flouted FLSA

    Sales agents supported their claims that an insurance marketing and sales organization willfully violated the Fair Labor Standards Act, a New Jersey federal judge ruled, applying a longer statute of limitations to the workers' claims for unpaid wages.

  • March 11, 2026

    6th Circ. Upholds Ax Of Hospital Security Guard's Wage Suit

    A former security guard for a Tennessee hospital did not plausibly allege that lunch periods were compensable work time under federal wage law, the Sixth Circuit ruled, affirming the dismissal of his proposed class action claiming that automatic deductions for meal breaks cost him overtime pay.

  • March 11, 2026

    Cannabis Bakery Hit With Default Judgment In Wage Suit

    A bakery that sells cannabis products owes pay to a former cashier who sued it for overtime and tip violations, an Illinois federal judge ruled, accepting a magistrate judge's recommendation for a default judgment.

Expert Analysis

  • Diverging FAA Preemption Rulings Underscore Role Of Venue

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    Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.

  • A Look At 2 Reinvigorated DOL Compliance Programs

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    As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Employer Tips As DOL Shifts Away From Liquidated Damages

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    The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • 3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.