Wage & Hour

  • March 05, 2026

    Grubhub's $24.8M Deal To End Driver Fight Nears Initial OK

    A California federal judge told counsel during a hearing Thursday that Grubhub Inc.'s revised $24.75 million settlement to resolve claims it misclassified drivers as independent contractors is "getting closer," but she held off on preliminarily approving the deal and told counsel they must "clean up" aspects of the class notice.

  • March 05, 2026

    JBS Seeks Dismissal Of Haitian Workers' Bias Claims

    Meatpacking giant JBS USA and one of its subsidiaries have asked a Colorado federal judge to dismiss the amended complaint brought by three Haitian nationals in a proposed class action accusing the company of race-based discrimination.

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    DOL Joint Employer Rule Likely To Look Familiar, Attys Say

    Attorneys expect the U.S. Department of Labor will seek to return to a Fair Labor Standards Act joint employer test from President Donald Trump's first term, as the National Labor Relations Board has now done for joint employment under federal labor law.

  • March 05, 2026

    Delta Evades OT Class Action Over Shift Swap Policy

    Delta Air Lines defeated Thursday a proposed class action in Georgia federal court that alleged the airline unlawfully withheld increased pay for overtime hours that resulted from workers swapping shifts with each other. 

  • March 05, 2026

    'The Dude Abides' Cannabis Chain Accused Of Tip Theft

    A worker for a group of Michigan-based marijuana dispensaries named for a line in the cult classic film "The Big Lebowski" has accused managers of taking an overly laid-back approach to tip regulations in a new federal lawsuit.  

  • March 05, 2026

    5th Circ. Upholds $919K Fee Award In Overtime Suit

    The Fifth Circuit upheld an award of $919,000 in attorney fees to hospital employees who won an overtime pay dispute with Texas health providers, ruling Thursday that the lower court reasonably reduced a request for more than $3 million in fees.

  • March 05, 2026

    Ex-Software Engineer Hits Coca-Cola Bottler With FMLA Suit

    A software engineer has sued Coca-Cola Consolidated Inc. in North Carolina federal court, alleging the company fired him one day after he applied for leave under the Family and Medical Leave Act.

  • March 05, 2026

    Call Center Settles Worker Misclassification Suit

    A call center company has agreed to settle a proposed class and collective action accusing it of misclassifying workers as independent contractors rather than employees, the call center workers and the company told a Florida federal court.

  • March 05, 2026

    O'Reilly To Pay $5.6M To Settle Wash. Pregnancy Bias Suit

    O'Reilly Auto Parts will pay $5.6 million to resolve claims that it failed to provide reasonable workplace accommodations to pregnant and postpartum workers and retaliated against them, the Washington Attorney General's Office announced. 

  • March 04, 2026

    9th Circ. Spurns Uber's Bid To Halt Seattle Gig Worker Law

    A divided Ninth Circuit panel on Wednesday rejected Uber and Instacart's attempt to block a Seattle law regulating deactivation of app-based worker accounts, rejecting the companies' contention that the ordinance amounts to a First Amendment violation.

  • March 04, 2026

    6th Circ. Backs Tenn. Med School In FMLA Retaliation Suit

    A former medical resident cannot revive his lawsuit claiming a Tennessee medical school suspended him for taking leave under the Family and Medical Leave Act, the Sixth Circuit ruled this week, finding he failed to show the school's explanation for the discipline was a pretext for retaliation.

  • March 04, 2026

    NYC Wants To Nix Uber, DoorDash Challenge To Tipping Laws

    Two New York City laws regulating how online platforms must display tipping options don't impinge on the companies' First Amendment rights, the city told a New York federal court, urging it to toss a challenge to the laws brought by Uber and DoorDash.

  • March 04, 2026

    7th. Circ. Upholds Healthcare Co.'s Win In FMLA Suit

    The Seventh Circuit affirmed a healthcare company's win in a former human resources specialist's Family and Medical Leave Act suit, holding that the health system lawfully terminated her for failing to return to work once her approved leave expired.

  • March 04, 2026

    Kiosk Workers At Targets Can't Snag Class Cert. In Wage Row

    Workers at Target cellphone kiosks cannot obtain class certification in their wage and hour suit against a sales company because one of the plaintiffs held a supervisory role and may have been involved in implementing the rest-break policies challenged in the case, a California federal judge ruled.

  • March 04, 2026

    USPS Skirted OT By Deducting Meal Breaks, Court Told

    The U.S. Postal Service shorted mail carriers on overtime pay by automatically deducting meal breaks they often didn't take, according to a proposed class and collective action filed in D.C. federal court.

  • March 03, 2026

    Ye's Ex-Worker 'Not Sure' Of Own Declaration In Wages Trial

    A construction project manager suing Ye for retaliation and unpaid wages after he was fired from working at the rapper's Malibu home testified in a Los Angeles courtroom Tuesday that he's "not sure" if someone else signed a declaration filed under his name in the case.

  • March 03, 2026

    Texas Eatery's 'Fatal' Shortfall Advances Servers' Tip Case

    A Texas federal judge ruled Tuesday that a Fort Worth restaurant illegally took a $1-per-shift fee directly from every server's tips and failed to show the tip pool was distributed solely among eligible employees, in violation of the Fair Labor Standards Act.

  • March 03, 2026

    Cable Technicians Say Telecom Cos. Misclassified Them

    Three telecommunications companies misclassified their cable technicians as independent contractors, leading to minimum wage and overtime violations, according to a proposed class action filed in Virginia federal court Tuesday.

  • March 03, 2026

    NC Guards' Pay Starts At Prison Entry, Judge Says

    North Carolina correctional officers are entitled to compensation under federal wage law for time spent inside prison facilities before and after their scheduled shifts, a federal judge ruled, granting a win to a class and collective accusing the state of violating said law.

  • March 03, 2026

    Wyoming Bill Offers Gig Workers Benefits Without Status Flip

    A bill allowing entities to contribute to workers' portable benefits accounts without the need to reclassify them as employees from independent contractors passed the Wyoming Senate, landing on the governor's desk for approval.

  • March 03, 2026

    Charter Can't Escape Sales Supervisor's OT Suit

    Charter Communications made premature arguments that a sales supervisor failed to show that other workers were denied overtime and that the company had a common policy leading to unpaid wages, a New York federal judge ruled, keeping the suit in place.

  • March 03, 2026

    Kroger Misclassified E-Commerce Managers, Wash. Suit Says

    Kroger misclassified e-commerce managers as executives exempt from overtime even though they did not meet the legal requirements under federal and state wage law, according to a proposed collective action filed in Washington federal court.

  • March 02, 2026

    Marriott Can't Narrow Seattle Worker's 'Willful' Wage Theft Suit

    A Washington federal judge tossed a Westin Seattle employee's claims against a hotel manager on Monday, but said Marriott must face allegations that it failed to reimburse workers' cell phone bills and knowingly withheld wages owed under state law.

  • March 02, 2026

    Servers Get Quick Win In Tip Suit Against Restaurant Chain

    A restaurant chain is liable for not paying servers their full minimum wage while they performed tasks that were unrelated to tipped work, an Ohio federal judge ruled Monday, finding the U.S. Department of Labor's 80/20 rule and the Fair Labor Standards Act's dual jobs regulation apply to the case.

Expert Analysis

  • 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.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.