Wage & Hour

  • March 17, 2026

    Ex-Database Administrator Settles OT Claim

    A former database administrator who accused Express Scripts and two other companies of misclassifying him as an independent contractor reached a $30,000 deal with the entities to settle his federal law claim, the parties told a New York federal court.

  • March 17, 2026

    Tyson Must Face Bulk Of Meat Plant Worker's Wage Suit

    Tyson Foods Inc. must face most of a proposed class action accusing it of wage and hour violations at a Washington processing plant, after a federal judge on Tuesday found a worker plausibly alleged that meal break interruptions and automatic deductions resulted in unpaid wages.

  • March 17, 2026

    Bimbo Bakeries Can't Steer Driver Suit To Arbitration

    A Massachusetts federal magistrate judge won't ship to arbitration a pair of New England drivers' claims that Bimbo Bakeries USA misclassifies them as independent contractors, finding that the drivers are covered by an exception to the federal arbitration statute.

  • March 17, 2026

    DOL Can't Fine NJ Farm Over H-2A Program, Justices Told

    The U.S. Department of Labor's request to the U.S. Supreme Court to mull whether the department can fine a New Jersey farm for what it alleged were H-2A program violations is based on a misconception, the farm told the justices, urging them to deny the petition.

  • March 17, 2026

    Nuclear Power Cos. Seek To Duck Wage-Fixing Class Action

    Nuclear energy producers including Constellation Energy, DTE Energy, Duke Energy and NextEra Energy have urged the Maryland federal court to toss a proposed class action alleging they conspired to fix wages in a scheme that workers say spanned "100% of the nuclear power generation labor market."

  • March 17, 2026

    4th Circ. Seems Leery Of Plant Closure Suit Against PE Firm

    The Fourth Circuit was skeptical Tuesday of ex-workers' bid to revive a proposed class action accusing a private equity firm of violating federal laws when it abruptly shut down a manufacturing plant, hinting that dropping the firm from a prior suit over the closure may preclude their case.

  • March 17, 2026

    Inspector Nabs Collective Cert. In Engineering Co. OT Spat

    An environmental inspector supported his claims that an engineering company and two related entities similarly paid day-rate workers without compensating them for their overtime, a Pennsylvania federal judge said, conditionally certifying a collective.

  • March 16, 2026

    PBGC Keen On Dishing Out Opinion Letters, Director Says

    The Pension Benefit Guaranty Corp. has revamped its website to encourage attorneys to seek opinion letters about how the Employee Retirement Income Security Act applies to specific scenarios. PBGC Director Janet Dhillon spoke to Law360 about that effort, the PBGC's latest financial report to Congress and her goals for the agency.

  • March 16, 2026

    Pepsi Bottler's Fee Dispute Belongs In Arbitration, Judge Says

    A Pepsi distributor cannot be forced by a federal court to pay arbitration costs in a misclassification dispute with the company, a New York federal magistrate judge ruled Monday, finding that the fee dispute must instead be resolved within the arbitration itself.

  • March 16, 2026

    Colorado Pushes For Early Win In Fight Over Sick Leave Law

    An airline trade group advanced only speculative arguments in its efforts to beat Colorado's bid for a pretrial win in the group's suit challenging Colorado's sick leave law, the state told a federal judge.

  • March 16, 2026

    Instacart Appeal Pauses Suit Over NYC Delivery Laws

    Litigation over New York City laws extending pay and workplace protections for delivery workers will pause as Instacart presses an appeal at the Second Circuit, a New York federal judge ruled.

  • March 16, 2026

    Golden Nugget Casino Accused Of Wage Violations

    Atlantic City's Golden Nugget casino required table game dealers to count up theirs tips while they were off the clock and continued to pay for their rest breaks under a tip credit, a dealer said in a suit in New Jersey federal court.

  • March 16, 2026

    Target, Employees Get OK For $1.25M Deal On Shift Breaks

    Target will pay $1.25 million to resolve a proposed class action alleging it failed to provide employees proper meal and rest breaks, according to a Washington federal magistrate judge's order granting preliminary approval of the deal.

  • March 16, 2026

    Mass. Justices Won't Boost Pay For Court-Appointed Attys

    Massachusetts' highest court on Monday declined a request to let state judges offer higher hourly rates to induce attorneys to accept court-appointed cases, a proposal meant to alleviate a shortage of appointed counsel in two of the state's busiest counties.

  • March 16, 2026

    Driver Nixes Contempt Bid Against Trucking Co. In Wage Suit

    A former delivery driver withdrew his bid to hold a trucking company in contempt for its alleged refusal to provide an updated class list or confirm a proposed notice in a misclassification suit, according to a filing in Illinois federal court.

  • March 13, 2026

    Ky. Farm Says DOL Must Bring H-2A Case In Federal Court

    A small Kentucky tobacco farm has sued the U.S. Department of Labor, claiming its in-house adjudication system for violations of the H-2A temporary farmworker visa program is unconstitutional because the agency serves as the prosecutor, judge and jury.

  • March 13, 2026

    Alaska Airlines Pilot's Military Leave Benefits Suit Trimmed

    A Seattle federal judge has narrowed a pilot's class action accusing Alaska Airlines of denying employees sick leave and vacation accrual during military leave, while recognizing in the same Thursday order that a "reasonable jury" could find service members are entitled to certain benefits during absences spanning one to two months.

  • March 13, 2026

    2nd Circ. Won't Revive Home Care Providers' Wage Suit

    Two Connecticut residents who provided in-home care to Medicaid recipients won't get another shot at accusing two companies of wage and hour law violations, a Second Circuit panel said Friday, agreeing with a Connecticut federal judge that the pair lack standing to sue the businesses.

  • 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.

Expert Analysis

  • 3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

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    To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.

  • Justices' GEO Ruling Sets Gov't Contractor Immunity Limits

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    The U.S. Supreme Court's recent decision in GEO Group v. Menocal will affect virtually every case in which a government contractor faces liability because they can no longer routinely assert their immunity under the government contract and must instead make a showing on the merits, says Terry Collingsworth at International Rights Advocates.

  • How NY Stay-Or-Pay Law Shifts Leverage Dynamics

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    The recent passage of New York's Trapped at Work Act reflects increasing scrutiny of stay-or-pay arrangements, but its lack of a private right of action represents a meaningful departure from other employment laws, dramatically shifting leverage from the courtroom to a state agency, says James Valentino at Clayman Rosenberg.

  • H-1B Registration Tips For New Wage-Weighted Selection

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    Practitioners participating in this year’s H-1B visa registration, currently underway, must understand that under the new wage-weighted selection process that replaced the random lottery, the crucial first step is choosing the correct standard occupational classification, says Jimmy Lai at Lai & Turner.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • What Employers Should Know About Calif. PAGA Proposal

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    Recently proposed regulations concerning the Private Attorneys General Act evidence an intent by California's Labor and Workforce Development Agency to play a greater role in the prosecution of PAGA actions, including more oversight over the exhaustion notices and settlement process, say attorneys at Paul Hastings.

  • 11th Circ. Ruling Offers Guidance On Compensable Work Time

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    In Villarino v. Pacesetter Personnel Service, the Eleventh Circuit recently ruled that commuting does not become compensable simply because an employer offers transportation, emphasizing that courts will examine whether employees retain meaningful choice and how policies operate, says Lauren Swanson at Hinshaw.

  • Flashpoints In Focus: Limiting Risk In Workplace Holidays

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    As holidays and other observances increasingly become lightning rods of division, employers can chart an inclusive way forward by reviewing the relevant legal framework, and examining the company's policies, values and business needs, say attorneys at Seyfarth.

  • Ambiguity Remains On Anti-DEI Grant Conditions

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    Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • What A Calif. Mileage Tax Would Mean For Employers

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    California is considering implementing a mileage tax that would likely trigger existing state laws requiring employers to reimburse employees for work-related driving, creating a new mandatory business expense with significant bottom-line implications for employers, says Eric Fox at Ogletree.

  • What To Know About DOL's New FLSA, FMLA Opinion Letters

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    The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.