Wage & Hour

  • September 28, 2026

    NY Walk-Time Ruling Departs From Trend In State High Courts

    A New York federal court's finding that the state wage and hour law incorporates federal exceptions to pay for pre-shift time deviated from the decisions of a handful of state high courts and lays a path for Empire State justices to weigh in, attorneys said. 

  • September 28, 2026

    Golden Nugget Wants Dealer's Wage Suit Tossed Again

    Atlantic City's Golden Nugget casino again moved to dismiss a table game dealer's wage lawsuit, adding new arguments against two tip credit notice claims while renewing its bid to send state law claims to New Jersey's casino regulators and toss a federal overtime claim.

  • September 28, 2026

    Life Insurer Hit With Suit Over Unpaid Call Center Work

    A life insurer shorted call center employees on wages by requiring as much as 50 minutes of unpaid pre- and post-shift computer work a day, according to a proposed class and collective action filed in New York federal court.

  • September 28, 2026

    Calif. To Add 'Chosen' Family To Bereavement Leave Law

    California Gov. Gavin Newsom on Sunday signed a bill to expand an existing law that provides workers with a week of bereavement leave if someone an employee identifies as a family member dies — even if the person is not a blood relative.

  • September 28, 2026

    NJ Biz Groups Seek Delay Of Contractor Classification Rules

    Two New Jersey business groups asked Gov. Mikie Sherrill to hold off for nine months on new independent contractor rules set to take effect Oct. 1, saying the state needs more time to avoid disrupting legitimate contractor relationships.

  • September 28, 2026

    Mich. Recovery Center Worker's OT Claim Headed To Trial

    A Michigan federal court sent a revenue cycle manager's overtime lawsuit to trial Monday, finding factual disputes about whether her employer improperly docked her pay and whether she had enough independence on the job to qualify as an exempt administrative employee under federal wage law.

  • September 28, 2026

    Cushman Workers Win Class Cert. On Second Meal Breaks

    A California federal judge certified a class of Cushman & Wakefield workers who alleged that the real estate services company failed to provide required second meal breaks, finding that time records showed missing second meals on nearly 80% of eligible shifts.

  • September 28, 2026

    Faith-Based Rehab Program Can't Exit Wage Suit, Court Rules

    A Texas federal court allowed a man who was ordered into a faith-based addiction recovery program to pursue wage claims against the program's operators, finding he plausibly alleged participants were treated as employees who performed substantial commercial labor without lawful pay.

  • September 25, 2026

    Aramark Faces Wash. Class Claims Over Noncompete Terms

    Aramark has been hit with a proposed class action in Washington state court accusing the food service giant of failing to provide advanced notice to Evergreen State workers of its noncompete terms and restricting them from taking second jobs, in violation of state law.

  • September 25, 2026

    Dems Press DOD Over Delayed Pay For Trans Troops

    A group of House Democrats is calling on the U.S. Department of Defense to ensure that transgender service members ousted from the military under the Trump administration receive their separation payment.

  • September 25, 2026

    Unpaid Harvard Residence Hall Workers File Wage Action

    Residence hall workers at Harvard University launched a proposed class action Friday claiming the university's "bargain" of free housing for unpaid labor violates Massachusetts wage law.

  • September 25, 2026

    Dems Revive Resolution To Boost Support For Working Moms

    Democratic lawmakers announced Friday that they have reintroduced a resolution calling for expanded paid leave, child care support and other federal policies aimed at helping mothers remain in the workforce and addressing economic disparities facing working moms.

  • September 25, 2026

    Apple Hit With Garnishment Order For $1.69M Wage Judgment

    Apple was ordered Friday by a North Carolina federal judge to cease contract payments to an affiliated repair company that has allegedly failed to pony up a $1.69 million judgment in a wage and hour class action.

  • September 25, 2026

    SF Fights Nurses' Bid To Split OT Trial Into 2 Phases

    San Francisco opposed nurses' request to split a coming overtime trial into separate liability and damages phases, arguing in California federal court that the issues are too closely intertwined under federal wage law to be heard separately and that bifurcation would force witnesses to testify twice.

  • September 25, 2026

    Colo. Benihana Operator Hit With Rest-Break Wage Suit

    A Benihana operator in Colorado denied workers required rest breaks and failed to pay them for time spent working through those breaks, according to a proposed class action filed in state court.

  • September 25, 2026

    Calif. Forecast: Aya Healthcare Wants Wage Arb. Bid Back On

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in Aya Healthcare Services Inc.'s attempt to revive a motion to compel arbitration in a wage and hour suit by travel clinicians. Here's a look at that case and other labor and employment matters on deck in California.

  • September 25, 2026

    NextEra's $9.5M Deal In Wage-Fixing Case Gets Initial OK

    A Maryland federal judge gave preliminary approval to a settlement agreement that would see NextEra Energy pay $9.5 million to resolve class action allegations it conspired with other nuclear energy producers to fix worker wages.

  • September 25, 2026

    Duane Morris To Settle Employee's Tax Withholding Claim

    Duane Morris LLP has agreed to private mediation to settle a proposed class action by an employee who alleged that the firm failed to withhold taxes for workers who were misclassified as partners, according to a notice.

  • September 25, 2026

    High-Pay Exemption Doesn't Doom Ex-Execs' Wage Claims

    Two ex-executives at a wellness beverage company can proceed with wage claims in their suit alleging the company stopped paying their salaries before firing them, with a New York federal judge finding they may have lost their wage-law exemption when their pay fell to zero.

  • September 25, 2026

    Cleveland Clinic Workers Win Notice In Time-Rounding Suit

    An Ohio federal judge approved notice to a proposed collective of Cleveland Clinic workers alleging the health system's time-rounding practices resulted in overtime violations, finding the workers showed a strong likelihood that they were similarly situated.

  • September 25, 2026

    NY Forecast: 2nd Circ. Weighs Political Retaliation Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former employees with the Orange County, New York, Sheriff's Office who claim they were fired because they supported the sheriff's opponent in an election.

  • September 24, 2026

    Tip Law For Cannabis Workers Arrives As Case Count Rises

    A law taking effect in Connecticut next week regarding tipped wages for cannabis employees comes as those workers' tips are often a focus of lawsuits, which attorneys attributed to the industry's rapid growth and regulatory quirks. 

  • September 24, 2026

    Workers Say Pipe Maker Misclassified Them As Exempt

    Five workers a pipe manufacturer hired under engineering titles have told a Texas federal court the company classified them as salaried exempt workers while requiring them to perform the same manual production and field installation work as hourly workers, denying the salaried workers overtime pay owed under federal wage law. 

  • September 24, 2026

    Tipped Worker Bill Would Cost DOL Under $500K, CBO Says

    A U.S. House bill that would permit employers to disregard a worker's duties when considering their tipped status would cost the U.S. Department of Labor less than $500,000 to implement through 2031 and would not affect direct federal spending or revenues, the Congressional Budget Office said.

  • September 24, 2026

    3rd Circ. Eyes 'Compromise' Instruction In Equal Pay Case

    A Third Circuit panel on Thursday appeared to take issue with a district judge's suggestion that a jury "compromise" in reaching a verdict in favor of female teachers who alleged Central Bucks School District paid them less than a male colleague.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
    Author Photo

    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.