Wage & Hour

  • September 11, 2026

    Red Robin Can't Pause Wage Suit During Arbitration Push

    A Colorado federal court has refused to pause a wage lawsuit against a burger chain while the company pursues arbitration against most of the workers who sued it, finding no legal basis to halt proceedings against the one named worker who never agreed to arbitrate his claims.

  • September 11, 2026

    NY Forecast: Judge Weighs Toss Of Pastry Shop OT Suit

    This week, a New York federal judge will consider a pastry shop's motion to dismiss a proposed class action accusing the company of not paying workers overtime wages under state and federal law.

  • September 11, 2026

    Calif. Forecast: Warners Seeks Toss Of 'Bachelor' Editor Suit

    In the week ahead, attorneys should watch for a hearing on a dismissal bid in a wage and hour suit that a tape librarian and assistant tape editor on "The Bachelor" is bringing against Warner Bros. Entertainment Inc. and NZK Productions Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • September 10, 2026

    3 Wage Considerations For Employee Volunteers

    Private employers should make sure employees don’t feel coerced into volunteering, and nonprofit organizations should be prepared to pay employees if their volunteer services for the same organization align with their work duties, attorneys said in light of new U.S. Department of Labor guidance. Here, Law360 explores employer considerations for volunteer work.

  • September 10, 2026

    Domino's Franchise Owner Settles Driver's Class Action

    A Domino's franchise operator and a former delivery driver reached a settlement to dismiss the driver's proposed class and collective action accusing the franchise operator of pushing driver pay below minimum wage by underpaying expenses, according to a joint notice of settlement filed Thursday. 

  • September 10, 2026

    Ex-Brokerage Exec Says DOL's Wage Calculations Are Flawed

    An insurance brokerage's former chief financial officer asked a Pennsylvania federal judge Thursday to dismiss all claims and potential sanctions against her in a U.S. Department of Labor wage case, saying the agency's back pay calculations are flawed and another defendant should be liable for any award against her.

  • September 10, 2026

    In-N-Out Workers Accuse Chain Of Wage, Break Violations

    A former In-N-Out Burgers employee has filed a proposed class action in California state court alleging the fast food chain failed to pay workers minimum wages and overtime, denied them meal and rest breaks, and required them to use their personal cellphones for work without reimbursement.

  • September 10, 2026

    Gig Cos.' Suit Over NYC Tip Law Paused For 2nd Circ. Review

    A New York federal judge has paused a suit by DoorDash and Uber challenging New York City's delivery tipping laws, putting the case on hold while the Second Circuit considers the companies' First Amendment appeal.

  • September 10, 2026

    Haynes Boone Adds Employment Attys From Toyota, Ashurst

    Haynes Boone has bulked up its labor and employment practice with two Dallas-based hires, one who joined from an in-house role at Toyota and another who came aboard from Ashurst Perkins Coie.

  • September 10, 2026

    Ed. Dept. Contractor Wins $3.3M After Minimum Wage Hike

    A U.S. Department of Education contractor providing student loan processing must be compensated nearly $3.3 million for costs incurred from a now-rescinded executive order that increased the minimum wage for federal contractors, the Civilian Board of Contract Appeals has ruled.

  • September 10, 2026

    Farming Tech Co. Resolves EEOC Age, Sex Bias Probe

    An Iowa-based agricultural technology company will pay $65,000 to end a U.S. Equal Employment Opportunity Commission investigation into allegations that it refused to give a worker a raise because of their sex and harassed them because of their age, the federal bias watchdog announced Thursday.

  • September 10, 2026

    Detention Officers Say NM County Owes Pre-Shift Work Pay

    A group of correctional officers at a New Mexico county detention center has sued the county in federal court, alleging it required them to arrive 15 minutes before each shift for mandatory briefings without pay while instructing supervisors to falsify time cards to hide the unpaid time.

  • September 10, 2026

    Amazon Strikes Deal In Calif. Workers' Wage Fight

    Amazon and workers at its California facilities reached an agreement in principle to settle a long-running consolidated action accusing the e-commerce giant of shorting workers on wages and breaks, according to a joint status report filed in California federal court.

  • September 09, 2026

    Bikini Barista Owner Owes Class $1.8M Over Wage Violations

    The owner of Seattle-area "bikini barista" company Beehive Espresso is on the hook for more than $1.8 million after a Washington state judge found him liable for numerous pay violations, including tip theft, limits on moonlighting, improper sick leave accounting and failure to pay minimum wage.

  • September 09, 2026

    Miss. Nursing Homes Beat CNA's Bid To Expand OT Suit

    A Mississippi federal court Wednesday dismissed a nursing home management company and 13 affiliated facilities from a proposed overtime collective action, finding a former certified nursing assistant failed to show that the companies employed her under federal wage law, while allowing her claims against her direct employer to proceed.

  • September 09, 2026

    Waldorf Astoria Strikes $15M Deal In Spa Workers' Pay Suit

    A Waldorf Astoria resort will pay $15 million to settle spa workers' proposed class and collective action claims that the resort misclassified them as independent contractors and shorted them on wages and benefits, according to a filing in Hawaii federal court.

  • September 09, 2026

    Carl's Jr. Says Wage Discovery Bid Targets Other Settlement

    Carl's Jr. urged a California federal magistrate judge to reject a former worker's bid for discovery in a proposed wage class action, saying she is trying to use the case to attack a separate state court settlement.

  • September 09, 2026

    NJ Injury Firm Must Face Pregnancy Bias And Wage Claims

    A New Jersey state judge Friday revived pregnancy bias and wage suits against a personal injury law firm, but declined to sanction the firm for allegedly missing payments that led to arbitration proceedings being terminated.

  • September 09, 2026

    Aramark Worker Fights To Keep Parent Company In Wage Suit

    A Seattle concessions supervisor has pushed back against a food services company's bid to exit from a wage and hour lawsuit, arguing in Washington federal court that the company's centralized control over employee handbooks, payroll, human resources and scheduling policies is enough to hold it liable as a joint employer under state wage law.

  • September 09, 2026

    Boston TV Station Seeks Ax Of Storm Crew Wage Suit

    A Boston television station urged a Massachusetts federal judge to toss a suit over alleged unpaid storm-coverage travel and preparation time, saying the claims fall short and must first go through union grievance and arbitration procedures.

  • September 09, 2026

    Rig Worker's OT Suit Against W.Va. Oil Co. Dropped

    An oil and gas company and a safety coordinator agreed to end a suit alleging that the company misclassified workers as independent contractors to avoid paying overtime, dropping both the worker's claims and the company's related third-party claims, according to a filing in West Virginia federal court.

  • September 08, 2026

    Amazon Says No Need For Early Discovery In NJ AG's Case

    Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

  • September 08, 2026

    Ga. Power Line Tree Trimmer Didn't Pay Full OT, Worker Says

    A company that trims trees near power lines did not pay a former employee overtime, the worker has alleged in Georgia federal court, accusing W.A. Kendall & Co. LLC of violating the Fair Labor Standards Act.

  • September 08, 2026

    Contractor Can't Send Arbitration Pact To $162M Wage Class

    A contractor that helps administer a New York state Medicaid program cannot send arbitration agreements to members of a $162 million settlement class in a suit alleging it failed to pay personal assistants accurately or on time, a federal magistrate judge ruled, finding the move could confuse workers about the deal.

  • September 08, 2026

    Ex-Facebook Exec Must Arbitrate Memoir Publicity Fight

    A California federal judge ruled Friday that a former Facebook executive waited too long to challenge in court an interim arbitral award that bars her from promoting her "Careless People" whistleblower memoir, finding that she waived her court challenge by "thoroughly" participating in arbitration for over a year before suing.

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.