Wage & Hour

  • February 04, 2026

    Restaurant Can't Include Morning Staff In Tip Pool, Court Says

    A steakhouse chain violated tip credit rules by including morning-shift employees in its tip pool even though they worked primarily while the restaurant was closed to guests, a Colorado federal judge has ruled, finding those workers were not "customarily and regularly tipped" because their customer interaction was minimal.

  • February 04, 2026

    Calif. Panel Won't Publish Amazon Drivers Arbitration Ruling

    A California appeals court will not publish its decision that last-mile deliveries Amazon workers performed represented interstate commerce exempt from federal arbitration, turning down requests to publish the opinion.

  • February 03, 2026

    Medical Transport Co. Misclassified Drivers, Suit Says

    A company that transports radioactive medical materials misclassified drivers as independent contractors, leading to minimum wage and overtime violations, according to a proposed class and collective action filed in Florida federal court.

  • February 03, 2026

    NY County Liable For FLSA Violations, Judge Rules

    Saratoga County was aware that its rounding policies led to unpaid wages, a New York federal judge has ruled, granting summary judgment on the issue of liability to a group of more than 100 current and former employees at the county sheriff's office.

  • February 03, 2026

    Jim Henson Co. Accused Of Costing Exec A 'Pinocchio' Oscar

    A Jim Henson Co. former employee filed a $7.5 million suit in California state court alleging the entertainment giant wrongfully diminished his executive producer credit and deprived him of an Oscar at the Academy Awards in connection with Guillermo Del Toro's "Pinocchio," despite his significant contributions to the film's "undeniable success."

  • February 03, 2026

    Colo. Music Venue Failed To Pay Full Wages, Ex-Worker Says

    A live music venue in Denver failed to pay workers for all hours worked, misclassified them as independent contractors and retaliated against a worker for complaining about unpaid wages, according to a potential class and collective action complaint filed in Colorado federal court.

  • February 03, 2026

    Ill. Judge OKs $3.3M Deal In Mariano's Managers' OT Suit

    An Illinois federal judge has approved a $3.3 million settlement resolving a lawsuit by current and former supermarket meat, bakery and deli managers who alleged Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay.

  • February 03, 2026

    NYC Delivery Laws Will Stay In Place During Instacart Appeal

    Instacart won't be able to block New York City's laws for app-based delivery workers instituting a new minimum wage, tipping options and disclosure requirements while it challenges a federal court's order, a New York federal judge ruled.

  • February 03, 2026

    Solar Lender Deducted OT From Commissions, Suit Says

    A sustainable energy financing company unlawfully deducted overtime from loan officers' commissions, stiffing them on their full pay, according to a proposed class and collective action filed in California federal court.

  • February 02, 2026

    Bikini Barista Boss Says Wash. AG Defamed Him In Wage Suit

    The owner of Seattle-area Paradise Espresso stands slammed the Washington State Office of the Attorney General on Monday for filing a wage theft and employment discrimination lawsuit "containing known falsehoods" and disparaging his bikini barista business in a related press release.

  • February 02, 2026

    Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA

    School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.

  • February 02, 2026

    DC Airports Not Using Project Labor Agreements, Unions Say

    Construction industry unions have accused the Metropolitan Washington Airports Authority of refusing to comply with a resolution requiring project labor agreements on construction projects worth $35 million or more, according to a complaint filed in Virginia federal court.

  • February 02, 2026

    Swedish Health Nears Deal In Hospital Workers Wage Row

    Seattle-area hospital system Swedish Health Services and the workers who were seeking about $126 million from it told a Washington state court that they agreed to settle a suit claiming meal break violations and rounding practices that led to unpaid wages.

  • February 02, 2026

    Worker Claims Univ. Of Colorado Health Underpaid Wages

    University of Colorado Health routinely shortchanged its hourly employees of wages under the healthcare system's rounding policy, a former UC Health worker alleged in a proposed collective and class action in Colorado federal court.

  • February 02, 2026

    Fed. Circ. Revives IHS Nurse's COVID Overtime Case

    A former nurse for the Indian Health Service adequately supported her claims that she's owed wages for work she performed during the height of the coronavirus pandemic, the Federal Circuit ruled, tossing the Court of Federal Claims' dismissal of her suit against the government.

  • February 02, 2026

    Home Depot To Pay $1.2M Over Unpaid Security Checks

    The Home Depot agreed to pay $1.2 million to end a lawsuit alleging it required workers to submit to unpaid COVID-19 and security screenings, according to a Pennsylvania federal judge's preliminary approval order filed Monday.

  • February 02, 2026

    What To Know About NJ's Family Leave Expansion

    A recent update to New Jersey’s family leave law brings more workers under its coverage and therefore means a big shift for employers, Jackson Lewis PC principal David Islinger said. Islinger spoke with Law360 about the New Jersey Family Leave Act amendments.

  • February 02, 2026

    Company Agrees To Pay $18M To Settle Truckers' Wage Suit

    A Nebraska-based trucking company agreed to pay $18 million to nearly 100,000 current and former drivers to end a more than 11-year-old consolidated class action over unpaid minimum wages, reaching a deal the day before trial was set to begin, according to settlement papers filed in federal court.

  • February 02, 2026

    Mail Carriers Can't Bring OT Suit Against USPS In NJ

    The mail carriers who accused the U.S. Postal Service of automatically deducting time for meal breaks they didn't take failed to show any connection to New Jersey beyond residence, a federal judge ruled, agreeing to toss their overtime case.

  • February 02, 2026

    Fla. Cemetery, Ex-Employee End Wage Suit

    The operator of a cemetery and funeral homes and a former employee reached a deal to end a lawsuit alleging that the employer paid her on a commission basis, leading to about $81,000 of unpaid overtime, according to a Florida federal magistrate judge's order approving the settlement.

  • February 02, 2026

    Wollmuth Maher Picks Up Attys From Paul Hastings, SDNY

    Wollmuth Maher & Deutsch LLP has added the longtime leader of Paul Hastings LLP's New York employment law department and has bolstered its white collar bench by bringing in a veteran former assistant U.S. attorney.

  • January 30, 2026

    Uber Eats, Others To Pay Workers $5M In Wage Deal With NYC

    Uber Eats and two other food delivery platforms will pay more than $5 million in total to nearly 50,000 workers in New York City for violating the city's minimum wage requirements for delivery workers, Mayor Zohran Mamdani announced Friday.

  • January 30, 2026

    NYC Says Instacart Can't Pause Wage Laws Under Appeal

    Instacart cannot pause New York City wage laws for some delivery workers while it appeals an order denying a bid to halt enforcement, the city told a federal court, arguing the company has not shown irreparable harm and is trying to roll back laws that are already in effect.

  • January 30, 2026

    Topgolf Worker Tees Up Class Wage Claims In Wash. Court  

    A Washington state worker is targeting Topgolf over allegations of below-par compensation practices, according to a new proposed class action alleging break and overtime violations.

  • January 30, 2026

    Calif. Forecast: 9th Circ. Hears Netflix Harassment Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments regarding whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act prevents Netflix from seeking to send sexual harassment claims to arbitration. Here's a look at that case and other labor and employment matters coming up in California.

Expert Analysis

  • 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.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.

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    The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Navigating Court Concerns About QR Codes In FLSA Notices

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    As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.