Wage & Hour

  • 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.

  • October 02, 2026

    Dollar Tree Accused Of Shorting Colo. Workers

    Dollar Tree failed to fully pay its workers for off-the-clock duties, missed breaks and business expenses, according to a proposed class action filed in Colorado state court.

  • October 02, 2026

    Calif. Forecast: EEOC Seeks Toss Of Hostile Workplace Suit

    In the week ahead, attorneys should watch for a hearing on a motion to dismiss a hostile work environment suit by a former U.S. Equal Employment Opportunity Commission career official. Here's a look at that case and other labor and employment matters on deck in California.

  • October 01, 2026

    Aya Health Tells 9th Circ. It Needn't Seek Suits Against Itself

    Aya Healthcare urged the Ninth Circuit on Thursday to undo an order pausing its wage-and-hour arbitration bid, arguing that requiring the travel nursing agency to first notify 400,000 workers of the collective action before deciding whether arbitration is appropriate violates the Federal Arbitration Act and essentially forces Aya to solicit lawsuits against itself.

  • October 01, 2026

    Walmart, Workers Settle Overtime Suit In Colorado

    Walmart entities and a group of sales and training managers urged a Colorado federal court to approve a settlement resolving claims that the retailer misclassified the workers as exempt and denied them overtime pay.

  • October 01, 2026

    Calif. Has Over 100 ABC Test Carveouts; NJ's Rule Has None

    New Jersey's rule codifying a three-prong test for independent contractor status that took effect Thursday lacks the many exemptions under California's similar test, which attorneys attributed to slight differences between the analyses and said highlights the need for a targeted approach to compliance.

  • October 01, 2026

    GOP Sen. Bill Would Exclude Real Estate Agents From FLSA

    Direct sellers and qualified real estate agents would be excluded from the Fair Labor Standards Act's definition of employee through a bill introduced by a Republican senator.

  • October 01, 2026

    NY Judge Gives Tax Preparers Initial OK For $1M OT Deal

    A New York federal magistrate judge gave an initial green light to a $1.05 million class settlement to resolve claims brought by tax preparers who accused a New York tax preparation company of overtime and wage violations, finding the proposed agreement has no obvious deficiencies.

  • October 01, 2026

    Airlines' Fight Over Colo. Sick Leave Law Heads To Trial

    A Colorado federal court has sent an airline industry group's challenge to the state's paid sick leave law to trial, finding that competing expert testimony about whether the law increases employee absences and disrupts airline services creates factual disputes that a judge cannot resolve before trial.

  • October 01, 2026

    Lyft To Pay $272.5M To Settle California Misclassification Suit

    Lyft has agreed to pay $272.5 million in what California officials called the largest settlement of its kind in state history, resolving claims that the ride-hailing company misclassified drivers as independent contractors and denied them wages and benefits, the state announced Thursday.

  • October 01, 2026

    Food Workers' Gear Pay Suit Against Campbell's Survives

    Pepperidge Farm food production workers cleared a hurdle in a proposed class action accusing the snack-maker and its parent, Campbell's, of failing to pay for time spent donning and doffing required protective gear, as a New Jersey federal court found they adequately alleged federal and state wage claims.

  • September 30, 2026

    Newsom Signs New AI Worker Protections, Atty Limits

    California Gov. Gavin Newsom on Wednesday signed a slate of laws aimed at placing guardrails on artificial intelligence, including protecting workers from job losses, limiting its use in the practice of law and strengthening safeguards against deepfakes.

  • September 30, 2026

    Senate Confirms Keith Sonderling As Labor Secretary

    The full U.S. Senate late Wednesday approved President Donald Trump's nomination of Keith Sonderling to serve as secretary of labor and lead the U.S. Department of Labor.

  • September 30, 2026

    Campbell Wins Ruling That Snack Distributor Is Contractor

    A New York federal court sided with Campbell Soup and snack food subsidiary Snyder's-Lance in a misclassification suit brought by a distributor who has worked for the companies for nearly two decades, finding the worker qualified as an independent contractor under federal and state law.

  • September 30, 2026

    Mass. Hospital Says It Can't Arbitrate Union's Pay Claims

    A Massachusetts hospital asked a federal court to declare that a Service Employees International Union local cannot arbitrate its class action grievance alleging the hospital failed to correct violations of a collective bargaining agreement, saying it is not liable for claims arising before it acquired the hospital.

  • September 30, 2026

    DOJ Calls Meat Plant Workers' Wage-Fixing Deals 'Inadequate'

    The U.S. Department of Justice intervened Tuesday in Colorado federal court antitrust litigation accusing the country's largest meat producers of fixing wages at their beef and pork processing plants, arguing that the class action settlements resolving the case are insufficient because they do nothing to block future wage-fixing.

  • September 30, 2026

    GAO Calls For DOL Fixes As Child Labor Violations Rise

    The U.S. Department of Labor needs to improve how it tracks injuries and deaths among working children and targets child labor investigations as the number of violations cited by the agency has generally risen over the past decade, the U.S. Government Accountability Office said in a report.

  • September 30, 2026

    Detainees Urge Justices To Deny Prison Co.'s Wage Appeal

    Immigrant detainees and Washington state asked the U.S. Supreme Court to reject a prison operator's bid to review a ruling on minimum wages for detention facility workers, arguing a federal agency changed the underlying rules months before the government urged the court to take the case.

  • September 30, 2026

    Ga. Delivery Co. Wraps Up Former Driver's OT Suit

    An Atlanta-area FedEx delivery contractor and a former worker have resolved a proposed collective action in Georgia federal court that accused the company of paying drivers a flat wage and withholding overtime pay.

  • September 30, 2026

    'Bikini Barista' Owner Asks Judge To Trim $1.8M Award

    The owner of Beehive Espresso, which operates Seattle-area kiosks known as bikini barista coffee stands, asked a state judge to rethink a $1.86 million judgment for baristas, arguing that the court imposed uniform assumptions about unpaid work and employee cash contributions without showing those figures reliably applied across the class.

  • September 30, 2026

    Boeing Worker Drops OT Suit After Arbitration Pact Surfaces

    A Washington state Boeing worker has voluntarily dismissed his proposed class action alleging that the aerospace giant failed to include bonuses and other incentive pay in overtime and sick leave calculations, after the company produced an arbitration agreement that barred him from pursuing class claims in court.

  • September 29, 2026

    Providence Tells Wash. Justices $230M Loss Upends CBAs

    Counsel for Providence Health & Services, Washington state's largest healthcare provider, urged the state's highest court on Tuesday to overturn workers' $230 million trial win over missed meal breaks, arguing that the judgment could put large employers at risk for complying with collective bargaining agreements.

  • September 29, 2026

    Target Accused Of Shorting Colo. Workers On Pay And Breaks

    A former Target employee in Arapahoe County, Colorado, claimed in state court Monday that the company is violating state wage laws by not compensating employees for all hours worked or repaying them for business-related expenses.

Expert Analysis

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Navigating The Risks Of Employee-Influencers, Side Gigs

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    Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.

  • 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.