Wage & Hour

  • January 09, 2026

    Calif. Forecast: 9th Circ. Hears Trump Bargaining EO Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a challenge to President Donald Trump's executive order that eliminates labor contracts for what the order refers to as national security agencies. Here's a look at that case and other labor and employment matters coming up in California.

  • January 09, 2026

    Costco Denied Breaks Due To Understaffing, Suit Says

    Costco did not permit a former employee to take proper meal and rest breaks because the store was understaffed, resulting in unpaid wages, the worker said in a complaint filed in Los Angeles County Superior Court.

  • January 08, 2026

    Greenberg Traurig Adds 2 Duane Morris Employment Pros

    Greenberg Traurig LLP has brought on two Duane Morris LLP attorneys as its newest shareholders focusing on class action litigation, labor and employment and commercial litigation practices, adding them to the firm's offices in San Diego and Philadelphia. 

  • January 08, 2026

    Driver Wage Suit Paused Over Similar High Court Case

    A truck driver's lawsuit accusing a food company and its subsidiaries of misclassifying employees as independent contractors will be paused while the U.S. Supreme Court weighs in on a similar dispute involving the same company, a Connecticut federal judge ruled.

  • January 08, 2026

    Colo. Judge Tosses Banker's Cancer-Leave Suit Against UMB

    A Colorado federal judge granted an early win to UMB Financial Corp. over a banker's claims that the company discriminated and retaliated against her by denying her leave to recover from chemotherapy treatments, ruling that her request for nine months' leave is "presumptively unreasonable."

  • January 08, 2026

    DOL Moves Forward To Toss Biden's Contractor Rule

    The U.S. Department of Labor's proposed rule to undo a Biden-era regulation on whether workers are employees or independent contractors under the Fair Labor Standards Act has reached the White House's Office of Information and Regulatory Affairs.

  • January 08, 2026

    Cracker Barrel Servers Tell Justices To Avoid Collective Row

    Cracker Barrel servers urged the U.S. Supreme Court not to take up the restaurant's chain's bid to review evidentiary standards used to authorize collective action notices, arguing that no circuit split exists because the Ninth Circuit ruled on the permissibility of a two-step certification process and not required showings for notice authorization.

  • January 08, 2026

    DOL Recovered $259M In Back Wages In FY 2025

    The U.S. Department of Labor's Wage and Hour Division said Thursday it recovered more than $259 million in back wages for about 177,000 employees in fiscal year 2025, the highest recovery since 2019.

  • January 08, 2026

    Amazon Drivers Can Keep Wage Suit In Court, Calif. Panel Says

    Amazon cannot ship to arbitration six drivers' individual claims under California's Private Attorneys General Act that they were misclassified as independent contractors, a state appeals court has ruled, agreeing with a trial court that their last-mile deliveries were part of an uninterrupted interstate trip.

  • January 08, 2026

    Miss. Jail Stopped Pay After Defunding Vote, Suit Says

    A Mississippi county detention center failed to pay its workers following a board of supervisors vote to temporarily defund the facility, according to a proposed class action filed in federal court.

  • January 08, 2026

    Collective Wage Certifications Slowed In 2025, Report Says

    Collective certification orders in wage and hour cases slowed down in 2025, likely as a result of arbitration agreements and the several certification standards that courts introduced in recent years, according to an annual class action review released by Duane Morris LLP.

  • January 08, 2026

    Haynes Boone Adds Perkins Coie Employment Pro In Dallas

    Haynes Boone has bolstered its labor and employment practice with the addition of an experienced Dallas-based partner who came aboard after more than a decade with Perkins Coie LLP.

  • January 07, 2026

    Trader Asks Wary Colo. Appeals Court To Award $10M Penalty

    A Colorado appellate panel pushed back Wednesday on an ex-trading director's bid for a $10 million statutory penalty against his former employer following a $6.8 million judgment against the natural gas marketing company for failing to pay him a bonus on lucrative trades made during a 2021 winter storm.

  • January 07, 2026

    Ill. Poultry Processor Improperly Calculates OT, Suit Says

    A former Koch Foods employee in Ohio has hit the Illinois-based poultry processor with a proposed collective wage dispute in Chicago federal court, claiming the company has illegally short-changed its workers by failing to factor their nondiscretionary bonus pay into its overtime wage calculations.

  • January 07, 2026

    Mamdani Expected To Shift NYC Wage Policies

    New York City Mayor Zohran Mamdani has management-side attorneys bracing for potential shifts in wage and hour law, including a minimum wage hike, while worker advocates are already celebrating the new administration’s announcements and appointments. Here are wage and hour issues to watch from the new mayor.

  • January 07, 2026

    Philadelphia Settles Cops' OT Suit 6 Days Before Trial

    A group of mid-ranking officers in Philadelphia's police department have settled an overtime lawsuit against the city and the department's leaders, less than a week before it could have gone to trial.

  • January 07, 2026

    Ga. Health Clinic, Ex-Aide Reach Deal In Wage Fight

    A Georgia mental health clinic and a former aide have reached a tentative agreement that, if approved, would end the ex-aide's suit alleging she was forced to resign last year after the clinic refused to hand over thousands in unpaid overtime.

  • January 07, 2026

    Mo. Restaurant To Pay $850K To End DOL Wage Suit

    A Missouri restaurant will pay $850,000 to end a U.S. Department of Labor suit alleging it stiffed more than two dozen workers on their full wages, according to a filing in federal court.

  • January 07, 2026

    Packaged Grains Co. To Pay $350K In Wage Row

    A packaged grains company will pay $350,000 to settle a suit in which workers claimed that the entity failed to properly pay wages and provide meal and rest breaks, as a California federal judge gave the deal final approval.

  • January 07, 2026

    DOL Clarifies How OT Factors Into Bonus Payments

    The bonuses a worker in waste management earned were not discretionary and therefore needed to be included in overtime calculations, and a social worker didn't stop being overtime-exempt when supervisory work ceased, the U.S. Department of Labor's Wage and Hour Division said among other guidance included in several opinion letters.

  • January 07, 2026

    Disney, Staffing Co. Stiffed Worker On OT, Suit Says

    Disney's theme park design arm and a staffing firm failed to pay a former IT project manager overtime premiums even though he regularly worked more than 40 hours a week, a lawsuit brought in Florida federal court says.

  • January 07, 2026

    Domino's Franchisee Can't Estimate Vehicle Costs, Court Says

    A Domino's franchisee must reimburse its drivers based on the actual costs of their vehicle expenses, not a reasonable approximation, to ensure that their pay does not fall below minimum wage requirements, a New Mexico federal judge ruled.

  • January 06, 2026

    Amazon Nears Deal With Flex Drivers In Tip Skimming Suit

    Amazon and a group of Flex delivery drivers told a Seattle federal judge Tuesday they've reached an agreement in principle to resolve a 2021 putative class action accusing the e-commerce giant of withholding tips, prompting the court to pause the case pending a final settlement.

  • January 06, 2026

    Tyson Foods Tries To Pare Down Meat Packer's Wage Claims

    Tyson Foods Inc. is asking a Washington federal judge to throw out the bulk of a proposed wage and hour class action, arguing that the plaintiff's amended complaint is too short on details to proceed.

  • January 06, 2026

    3rd Circ. Backs DOL In Home Healthcare Wage Case

    The Third Circuit upheld a $1 million judgment against home health company WiCare Home Care Agency LLC Tuesday, finding it was within the secretary of labor's power to write regulations keeping "third-party employers" subject to the Fair Labor Standards Act and not exempt under a provision for "companionship services."

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Tips For Defeating Claims Of Willful FLSA Violations

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    As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.

  • A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages

    Excerpt from Practical Guidance
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    In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • Employer Takeaways From 2nd Circ. Equal Pay Ruling

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    The Second Circuit 's recent decision in Eisenhauer v. Culinary Institute of America reversed a long-held understanding of the Equal Pay Act, ultimately making it easier for employers to defend against equal pay claims brought under federal law, but it is not a clear escape hatch for employers, say Thelma Akpan and Katelyn McCombs at Littler.

  • The Growing Need For FLSA Private Settlement Rule Clarity

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    A Pennsylvania district court's recent ruling in Walker v. Marathon Petroleum echoes an interesting and growing trend of jurists questioning the need for — and legality of — judicial approval of private Fair Labor Standards Act settlements, which provides more options for parties to efficiently resolve their claims, says Rachael Coe at Moore & Van Allen.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.