Wage & Hour

  • May 29, 2026

    DOL Clarifies OT Obligations For Quarterly Bonuses

    The quarterly, nondiscretionary bonuses an employer gave to eligible employees already contemplated overtime pay and therefore don't trigger a recalculation of the workers' regular rate of pay, the U.S. Department of Labor's Wage and Hour Division said in one of four opinion letters it released.

  • May 29, 2026

    Construction Groups Challenge NY Prevailing Wage Update

    A coalition of New York construction industry groups has asked a federal court to block a state law that would extend prevailing wage requirements to off-site fabrication facilities, calling it unconstitutional and impossible to administer before its upcoming effective date.

  • May 29, 2026

    Mich. Plumbing Co. Hit With Overtime, Retaliation Suit

    Three plumbers have sued a Michigan plumbing company and its owner, claiming they were wrongly denied overtime pay and fired after one worker contacted the U.S. Department of Labor about the company's pay practices. 

  • May 29, 2026

    NJ Panel Advances Bill Creating AI Rules For Licensed Pros

    A New Jersey legislative committee has advanced a bill aimed at creating a model policy governing the use of generative artificial intelligence by licensed professionals across the state.

  • May 29, 2026

    Streamers Deemed NJ Employees, Contractors Under FLSA

    A New Jersey federal judge ruled Friday that adult entertainers who perform on a streaming service are independent contractors under federal wage law but employees under New Jersey law, handing both sides partial wins in a wage class and collective action over the platform's pay practices.

  • May 29, 2026

    Calif. Forecast: Phillips 66 Seeks Toss Of Standby Shifts Suit

    In the week ahead, attorneys should watch for a motion to dismiss hearing in a proposed wage and hour class action against oil refinery company Phillips 66. Here's a look at that case and other labor and employment matters on deck in California.

  • May 29, 2026

    Wage & Hour Features Revisited: Drivers, Collective Rulings

    From the latest U.S. Supreme Court decision on whether a federal arbitration exemption covers 'last-mile' drivers to the Second Circuit ruling limiting where workers can bring collectives, catch up on Law360 Employment Authority's wage and hour stories from May.

  • May 29, 2026

    CNN Strikes Tentative Deal To End Breastfeeding Bias Case

    CNN America and a former worker who claimed she was unlawfully denied a proper place to pump breast milk on the job told a D.C. federal court they had agreed on the broad strokes of a deal to resolve her suit.  

  • May 29, 2026

    Tyson Unit Says Ex-Supervisor Is Exempt From Overtime

    A unit of Tyson Foods is seeking an early win in a former production supervisor's overtime suit, urging an Arkansas federal judge to find that the worker was properly classified as exempt because he managed tortilla production lines and supervised scores of workers.

  • May 29, 2026

    T-Mobile Denied Call Center Workers Preshift Pay, Suit Says

    T-Mobile required its hourly call center workers to boot up computers and log in to multiple software systems before their shifts without paying them for any of it, a former employee said in a collective and class action filed in Washington federal court.

  • May 28, 2026

    Hospital Network Left Bonuses Out Of OT Pay, Suit Says

    A dietary worker at a Pennsylvania hospital network accused her employer of shortchanging overtime pay by leaving bonuses out of the calculation, according to a proposed collective action filed in federal court.

  • May 28, 2026

    Justices' 'Last-Mile' Driver Ruling Leaves Open Questions

    The U.S. Supreme Court's ruling Thursday that an arbitration exemption can cover delivery drivers, who complete the last leg of an interstate journey but themselves don't cross state lines or touch a vehicle that does, doesn't entirely address distribution agreements and class action waivers, attorneys said.

  • May 28, 2026

    Home Care Co. Cites Justices' Immigration Ruling In Pay Row

    A recent U.S. Supreme Court decision finding that a lower court abused its discretion by relying on arguments the parties never raised supports a home care company's bid to undo a Sixth Circuit ruling affirming nearly $15 million in overtime liability, the company told the appeals court.

  • May 28, 2026

    Amtrak's PTO Accrual Rule Violates CBAs, Unions Tell Court

    Amtrak violated its collective bargaining agreements with two unions by allowing only workers who were actively employed on the 15th day of the month to accrue paid time off, the unions told a District of Columbia federal court.

  • May 28, 2026

    Construction Groups, DOL Agree To End DBA Rule Fight

    The U.S. Department of Labor will not oppose a bid by construction industry groups to permanently wipe out three provisions of a Biden-era Davis-Bacon Act rule that a Texas federal court has already blocked nationwide.

  • May 28, 2026

    7th Circ. Backs Benefits Co.'s Win In Race Bias, Pay Suit

    The Seventh Circuit affirmed a medical benefits management company's win in a Black former business analyst's suit alleging she was denied higher pay and promotions because of her race, saying she failed to show the company's stated reasons were a cover for discrimination.

  • May 28, 2026

    Security Guards Drop Unpaid Travel Time Suit

    Two security guards dropped their proposed class and collective action that alleged a security company in Washington, D.C., failed to pay workers for time spent traveling between jobsites, according to a filing Wednesday in D.C. federal court.

  • May 28, 2026

    Justices Say 'Last-Mile' Drivers Can Skip Arbitration

    An exemption to federal arbitration requirements for workers engaged in interstate commerce can extend to what are known as last-mile drivers who locally deliver goods that travel interstate, the U.S. Supreme Court held Thursday, resolving an issue that lingered after previous high court decisions.

  • May 27, 2026

    Colo. Panel Questions Trial Court's Reading Of Wage Laws

    The Colorado Court of Appeals appeared poised Wednesday to revive the retaliation claims of a former human services caseworker against the county department she had worked for, pushing back on a lower court's interpretation of statutes meant to close gender pay gaps.

  • May 27, 2026

    Boeing Says Workers Can't Earn Pay For Shuttle Wait Time

    Boeing has asked a South Carolina federal court to toss a proposed class and collective action brought by workers who say the aerospace giant failed to pay them for time spent waiting for and riding shuttles between a remote parking lot and its 787 Dreamliner manufacturing facility, arguing that such commute time is not compensable under federal law.

  • May 27, 2026

    3rd Circ. Asks If Denny's Must Notify Servers Of Notification

    The Third Circuit appeared startled Wednesday at the notion that the Fair Labor Standards Act requires employers to notify workers that they're required to notify them of various aspects of the wage law, as Denny's seeks to overturn certification of a server's suit accusing it of violating the act's disclosure requirement.

  • May 27, 2026

    3 Places Where The Tip Credit Debate Is Playing Out

    At least two major jurisdictions over the past year have seen back-and-forth efforts regarding whether to proceed with planned phase-outs of the tipped minimum wage, while voters in a third place decided against such a phase-out altogether. Here, Law360 explores three hotbeds for the issue.

  • May 27, 2026

    DC Circ. Backs Fired Employee In Salary Spreadsheet Case

    The D.C. Circuit on Tuesday partially upheld a National Labor Relations Board decision finding that a Vermont software company illegally fired an employee for creating a spreadsheet to help coworkers compare salaries, but found the board relied on protected activity unrelated to the subject of the complaint in the case to find the company illegally fired three other workers.

  • May 27, 2026

    Baseball Podcaster Sued By Ex-Producer Over Pay

    Baseball podcaster Jared Carrabis and his production company were hit with a proposed class action in Massachusetts on Wednesday by a former producer who says Carrabis used the end of a sponsorship deal to stop paying him and other personnel on his podcasts at the end of February.

  • May 27, 2026

    American Airlines Can't Duck Flight Attendants' OT Suit

    An Illinois federal judge Tuesday refused to dismiss a putative class action brought by flight attendants alleging American Airlines failed to properly compensate them for overtime work, saying the airline's argument that their claims are preempted and require interpreting collective bargaining agreements is premature.

Expert Analysis

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Green Card Sponsorship Expectations Reset In 2024

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    In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 9 Things To Expect From Trump's Surprising DOL Pick

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    The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.

  • Wage Whiplash: Surviving A Compliance Roller Coaster

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    As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.

  • What May Have Led Calif. Voters To Reject Min. Wage Hike

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    County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars​​​​​​​ at Edgeworth Economics.

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.