Wage & Hour

  • 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

    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.

  • January 22, 2026

    NYC Homeless Nonprofit Shaved Hours, Ex-Worker Says

    A New York City nonprofit that operates homeless shelters shaved time off of employees' hours, resulting in unpaid wages and overtime, according to a proposed class and collective action complaint filed Thursday in New York federal court.

  • January 22, 2026

    Arbitrators Back Flowers Foods Driver In Exemption Battle

    The U.S. Supreme Court should maintain a ruling that a Flowers Foods distributor claiming unpaid overtime was exempt from arbitration because he engaged in interstate commerce, the National Academy of Arbitration told the high court Thursday, backing the worker.

  • January 22, 2026

    Littler Names New Board Of Directors Chair, Adds 3 Members

    Littler Mendelson PC has elected New York shareholder William J. Anthony to serve as chair of its 19-member 2026 Board of Directors and named three new board members.

  • January 22, 2026

    NY Cleaning Co. Operators, Worker Settle Wage Dispute

    The operators of a cleaning company reached a settlement with a worker who alleged they failed to appropriately pay him for his minimum, overtime and spread-of-hours wages, according to a New York federal court filing.

  • January 22, 2026

    Hotel Must Honor Deal Reached By Solo Atty, 1st Circ. Rules

    A Massachusetts hotel cannot escape a $580,000 deal settling a class action and three individual wage and hour cases, the First Circuit ruled, rejecting the entity's argument that a conflict of interest arose when the plaintiffs' counsel represented both the workers in all four cases.

  • January 21, 2026

    UFC Asks 9th Circ. To Nix 'Overbroad' Discovery In Wage Suits

    The Ultimate Fighting Championship urged the Ninth Circuit to immediately stop a Nevada federal court from enforcing a "breathtakingly overbroad" discovery order in wage suppression lawsuits, saying it violates attorney-client privilege and the First Amendment.

  • January 21, 2026

    UPS Strikes Deal In Class Action Over Pay For Military Leave

    UPS has reached a deal to end a class action alleging the package delivery giant violated federal law by failing to pay drivers for short-term military leave despite providing compensation for jury duty and other short-term absences, according to a filing in Washington federal court.

  • January 21, 2026

    Delivery Drivers Ink $975K Deal To End Misclassification Suit

    A class of truck delivery drivers asked an Illinois federal judge Tuesday to grant preliminary approval to a $975,000 settlement resolving their lawsuit alleging a logistics company they worked for misclassified them as independent contractors.

  • January 21, 2026

    AFL-CIO Backs Flowers Foods Driver In High Court Arb. Case

    A Flowers Foods distributor is exempt from federal arbitration because even though he delivered goods locally, his work was part of an uninterrupted stream of interstate commerce, AFL-CIO told the U.S. Supreme Court on Wednesday, backing the worker's bid to keep his misclassification suit in court.

  • January 21, 2026

    Healthcare Workers Seek $12.2M From $28.5M No-Poach Deal

    Nearly 12,000 healthcare workers in a $28.5 million settlement with two hospitals that were accused of agreeing not to poach each other's doctors and nurses urged a Pennsylvania federal court to grant approximately $12 million in attorney fees, costs and service awards.

  • January 20, 2026

    Opt-In Forms In DaVita Wage Suit Need Revision, Judge Says

    A former DaVita worker should amend misleading consent forms she submitted for nurses and technicians seeking to join her wage action against the dialysis giant, a Colorado federal judge recommended Sunday, saying the worker also sent deceptive solicitation materials to potential opt-in plaintiffs.

  • January 20, 2026

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.

  • January 20, 2026

    3rd Circ. Backs Resort Co. In Gratuity Fee Dispute

    The Third Circuit on Tuesday affirmed a lower court decision setting aside a jury verdict in favor of Pennsylvania resort workers who alleged their employer unfairly kept a gratuity charged to guests, ruling in part that the workers failed to point to "evidence of the guests' intentions with respect to distribution of the gratuity fee."

  • January 20, 2026

    Aerospace Contractor, Workers Settle OT Dispute For $450K

    An aerospace and electronics defense contractor has reached a $450,000 agreement with its employees to settle class action allegations that workers were shorted by being paid straight time for overtime work, according to a copy of the agreement filed in Maryland federal court. 

  • January 20, 2026

    DOL Budget Bill Would Avert Trump's Proposed Cuts

    The U.S. Department of Labor would receive $13.7 billion in discretionary funding under a bipartisan bill that the U.S. House and Senate appropriations committees released Tuesday, including $260 million for the Wage and Hour Division, more than President Donald Trump and Republicans had previously proposed.

Expert Analysis

  • 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.

  • 5 Action Steps For Employers Facing 27 Pay Periods In 2026

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    In 2026, some employers may have 27 pay periods, instead of the usual 26, which can cause budgeting and compliance headaches, particularly for salaried employees, but there is still time to develop a strategy to avoid payroll compliance problems, say attorneys at Fisher Phillips.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Examining Privilege In Dual-Purpose Workplace Investigations

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    The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.

  • 3 Defense Strategies For Sporadically Prosecuted Conduct

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    Not to be confused with selective prosecutions, sporadic prosecutions — charging someone for conduct many others do without consequences — can be challenging to defend, but focusing on materiality, prosecutorial motivations and public opinion can be a winning strategy, says Jonathan Porter at Husch Blackwell.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • Previewing Justices' Driver Arbitration Exemption Review

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    The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.

  • 11th Circ. Ruling Stresses Economic Reality In Worker Status

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    The Eleventh Circuit's recent worker classification decision in Galarza v. One Call Claims, reversing a finding that insurance adjusters were independent contractors, should remind companies to analyze the actual working relationship between a company and a worker, including whether they could be considered economically dependent on the company, say attorneys at Ogletree.

  • Class Actions At The Circuit Courts: December Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses recent rulings and identifies practice tips from cases involving securities, takings, automobile insurance, and wage and hour claims.

  • Handbook Hot Topics: An Employer-Friendly Shift At NLRB

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    As the National Labor Relations Board is expected to shift toward issuing more employer-friendly decisions, employers should still monitor NLRB trends concerning handbook policies before making substantial changes to protocol and continue to align policies with employees' rights under the National Labor Relations Act, say attorneys at Kutak Rock.

  • 5 Bonus Plan Compliance Issues In Financial Services

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    As several legal constraints — including a new California debt repayment law taking effect in January — tighten around employment practices in the fiercely competitive financial services sector, the importance of compliant, well-drafted bonus plans has never been greater, say attorneys at Jackson Lewis.

  • How To Prepare If Justices Curb Gov't Contractor Immunity

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    Given the very real possibility that the U.S. Supreme Court will determine in GEO v. Menocal that government contractors do not have collateral immunity, contractors should prepare by building the costs of potential litigation, from discovery through trial, into their contracts and considering other pathways to interlocutory appeals, says Lisa Himes at Rogers Joseph.

  • A Look At State AGs' Focus On Earned Wage Products

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    Earned wage products have emerged as a rapidly growing segment of the consumer finance market, but recent state enforcement actions against MoneyLion, DailyPay and EarnIn will likely have an effect on whether such products can continue operating under current business models, say attorneys at Quinn Emanuel.