Wage & Hour

  • January 27, 2026

    Tyson Worker Fights To Keep Bulk Of OT Suit Alive

    Tyson Foods Inc. shouldn't dodge a proposed class action accusing the company of flouting meal and rest break requirements and not paying workers correctly, a worker told a Washington federal court Monday, arguing that she supported her claims well enough at this stage of the litigation.

  • January 27, 2026

    Butterball Worker Wants Full 4th Circ. To Rehear Wage Case

    Fourth Circuit precedent establishes that state wage and hour laws are not preempted by federal law, a Butterball turkey catcher argued, urging the full appeals court to revisit a panel's decision denying his bid to revive his wage suit.

  • January 27, 2026

    O'Reilly Auto Parts Denies Employer Status In Driver Pay Suit

    Automotive parts retailer O'Reilly urged a North Carolina federal court to toss a proposed class and collective action brought by a former driver over its pay system, arguing it was not the drivers' employer and they were not promised or entitled to overtime pay.

  • January 26, 2026

    Justices Urged To Keep Baseball's Antitrust Shield In Play

    Puerto Rico's professional baseball league on Monday urged the U.S. Supreme Court not to disturb the sport's century-old exemption from antitrust law, arguing that the justices have rejected similar challenges to the shield time and time again.

  • January 26, 2026

    H-2A Truck Drivers Seek Collective Certification In OT Suit

    A Colorado company subjects all its tractor-trailer drivers to the same illegal policy of considering them overtime-exempt under federal law, a group of migrant workers said, urging a Colorado federal court to greenlight a collective.

  • January 26, 2026

    9th Circ. Pauses Discovery Order In UFC Wage Suits

    A Ninth Circuit panel temporarily paused a Nevada federal court's discovery order in wage suppression lawsuits against UFC after the mixed martial arts organization said the order violated attorney-client privilege and the First Amendment.

  • January 26, 2026

    Advertising Co. Wrongly Exempts Workers From OT, Suit Says

    A marketing and advertising services company misclassified employees as exempt from overtime even though their job duties did not meet the required standards for the carveout, according to a proposed collective action filed in Missouri federal court.

  • January 26, 2026

    Live-In Aides, Healthcare Co. Strike $6M Deal

    A New York home healthcare services company has agreed to pay $6 million in a suit accusing it of not paying aides working 24-hour live-in shifts for all their hours, the aides told a federal court, urging it to sign off on the deal.

  • January 26, 2026

    Pet Treat Maker Will Pay $975K To End Donning, Doffing Row

    A pet product manufacturer has agreed to pay $975,000 to resolve a proposed class and collective action alleging the company failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to settlement papers filed in Colorado federal court.

  • January 26, 2026

    Colo. Staffing Co. Must Face Nurses' Strike Pay Suit

    A staffing company cannot escape a lawsuit that nearly 40 nurses brought alleging they were not properly paid while temporarily working at Kaiser Permanente facilities in California during a 2023 strike, a Colorado federal magistrate judge has ruled, finding the healthcare workers sufficiently backed up their allegations.

  • January 26, 2026

    Geico Pays $900K Settlement To End Call Center OT Suits

    Geico will pay $900,000 to settle several suits, all accusing the insurance company of not paying call center workers for preshift and postshift work, after a Georgia federal judge gave the deal final approval.

  • January 23, 2026

    Alaska Airlines Flight Attendant Urges Cert. Over Breaks, Pay

    A Washington state judge appeared somewhat open Friday to a Seattle-based flight attendant's bid to certify a worker class based on allegations that Alaska Airlines failed to provide adequate breaks, but suggested the plaintiff's wage claims may be beyond the court's reach because of underlying questions about a union agreement.

  • January 23, 2026

    DC, States Back Flowers Foods Driver In High Court Arb. Case

    Whether a worker qualifies for an arbitration exemption depends on what they do, not on the legal structure of their work, 14 states and the District of Columbia told the U.S. Supreme Court, backing a driver for Flowers Foods seeking to keep his wage suit out of arbitration.

  • January 23, 2026

    Choice Hotels Ex-Worker Says Co. Shorted Breaks, Sick Leave

    Understaffing by Choice Hotels forced workers to skip meal and rest breaks and accrue overtime that the company never properly paid, said a former employee's proposed class and collective action filed Thursday in Washington federal court.

  • January 23, 2026

    Instacart, DoorDash, Uber Can't Block NYC's Delivery Laws

    Two New York federal judges rejected requests by delivery companies Instacart, DoorDash and Uber to halt New York City laws regulating tipping options, minimum wage and disclosure requirements, saying that the companies didn't support their arguments that the laws violate the First Amendment and federal preemption principles.

  • January 23, 2026

    Ga. Aviation Co. Faces Suit Over Overtime Pay Miscalculation

    An Atlanta-based aerospace and information technology company has been hit with a proposed collective action in Georgia federal court over allegations that it failed to properly calculate pay rates when paying overtime to its air traffic controllers.

  • January 23, 2026

    3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.

    The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.

  • January 23, 2026

    NJ Teachers Union Accused Of Racial Pay Disparity

    A Black longtime employee of the New Jersey Education Association has been paid less than her colleagues because of her race, she told a state court.

  • January 23, 2026

    Calif. Forecast: Court Weighs BlackBerry Discrimination Suit

    In the coming week, attorneys should watch for a summary judgment hearing in a former BlackBerry Corp. executive's discrimination and harassment suit. Here's a look at that case and other labor and employment matters on deck in California.

  • January 23, 2026

    NY Forecast: 2nd Circ. Weighs Reviving SEIU Fund Bias Suit

    This week, the Second Circuit will consider whether to revive a discrimination suit a former worker for a Service Employees International Union benefit fund brought claiming the fund fired him after refusing to accommodate a disability that prevented him from driving for long periods of time.

  • January 23, 2026

    IRS Says Overtime Tax Break Is Pegged To FLSA

    Eligibility for a new tax deduction for overtime compensation is based on definitions provided in the Fair Labor Standards Act, the IRS said Friday, spelling out who can claim the tax break and what pay qualifies.

  • January 23, 2026

    Delta Lounge Workers Cheated Out Of Wages, Suit Says

    Delta Air Lines and a food service company cheated workers at airport lounges out of wages by not paying them for time spent undergoing security checks and by denying them meal and rest breaks, a worker said in a proposed class action in California state court.

  • January 22, 2026

    Care Co. Says 3rd Circ. Ignored Loper Bright In Backing DOL

    A home health company urged the Third Circuit to rethink its decision upholding a $1 million judgment against it after finding that the U.S. Department of Labor could strip third-party employers of an overtime exemption, saying the decision flouted the U.S. Supreme Court's Loper Bright ruling.

  • January 22, 2026

    5 Trends In January's New Paid Leave Laws

    Leave protections for organ donors and crime victims and increases to maximum benefit amounts are among the trends in paid leave laws that took effect this month around the U.S. Here, Law360 explores the trends.

  • January 22, 2026

    Closed Captioners Get Initial OK For Wage Deal With Vitac

    A Colorado federal judge Thursday gave his initial blessing to a $500,000 settlement resolving a Vitac Corp. employee's allegations that the transcription and closed captioning company didn't pay workers for preparation tasks necessary to perform their jobs, saying the immediate recovery outweighs potential future relief following expensive litigation.

Expert Analysis

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

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    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • 3 Wage And Hour Tips For A Post-Chevron World

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    Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.