Wage & Hour

  • 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.

  • 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.

Expert Analysis

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • FLSA Interpretation Patterns Emerge 1 Year After Loper Bright

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    One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • 5 Insurance Claims That Could Emerge After NCAA Settlement

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    Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Dissecting House And Senate's Differing No-Tax-On-Tips Bills

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    Employers should understand how the House and Senate versions of no-tax-on-tips bills differ — including in the scope of related deductions and reporting requirements — to meet any new compliance obligations and communicate with their employees, say attorneys at Greenberg Traurig.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • What Employers Should Know About New Wash. WARN Act

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    Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.