Law360 (August 28, 2026, 3:44 PM EDT) — A Georgia federal judge conditionally certified a nationwide collective of mortgage underwriters claiming they were wrongly classified as exempt from overtime, finding their evidence sufficiently showed they performed similar work under common guidelines and policies.
Law360 (May 21, 2026, 12:42 PM EDT) Car rental company Avis agreed to pay $1.79 million to settle a collective action claiming it misclassified operations managers as overtime-exempt and failed to pay them for hours worked over 40 in a week, according to a filing in New Jersey federal court.
Law360 (May 21, 2026, 4:23 PM EDT) — Loan assistants and processors who accused a mortgage firm of discouraging them from reporting overtime have reached a settlement in their Fair Labor Standards Act collective action, according to a California federal court order Thursday.
Law360 (March 30, 2026, 3:25 PM EDT) Home services platform Angi Inc. failed to pay employees for off-the-clock work performed to meet “aggressive” sales quotas and other performance metrics, according to a proposed collective action filed in Colorado federal court.
Law360 (February 27, 2026, 12:07 PM EST) Kroger misclassified e-commerce managers as executives exempt from overtime even though they did not meet the legal requirements to satisfy the carveout under federal and state wage law, according to a proposed collective action filed in Colorado federal court
Law360 (June 17, 2025, 9:26 PM EDT) — A New York federal court refused Tuesday to reconsider a decision finding there are still questions over whether field organizers for Michael Bloomberg’s 2020 presidential campaign are individually covered under federal wage law, and denied the entity’s bid for an immediate appeal in the workers’ suit claiming unpaid minimum wage.
On May 1, 2025, the United States Department of Labor (“DOL”) published FAB Np. 2025-1, providing guidance for analyzing whether a worker is an employee or independent contractor. While the economic realities test remains the standard, with the new guidance the focus has shifted with specific reliance on older guidance, including Fact Sheet #13 (July 2008) and Opinion Letter FLSA2019-6.
Fact Sheet #13 provides a broader perspective of the concept of “employment relationship.” It specifically states that an employee under the FLSA in “one who . . . follows the usual path of an employee and is dependent on the business he or she serves.” Pursuant to Fact Sheet #13, factors to consider in the economic realities test include: (1) the extent to which the services rendered are an integral part of the principal’s business; (2) the permanency of the relationship; (3) the amount of the worker’s investment in facilities and equipment; (4) the nature and degree of control by the principal; (5) the worker’s opportunities for profit and loss; (6) the amount of initiative, judgment and foresight by the worker; and (7) the degree of independent business organization and operation.
Importantly, factors which are irrelevant include (1) where the work is performed; (2) the absence of a formal employment agreement; and (3) whether the worker is licensed.
Law360 (March 28, 2025, 1:16 PM EDT) — Car rental company Avis can’t escape managers’ collective action accusing it for misclassifying them as overtime-exempt, a New Jersey federal judge ruled, finding a longer time limit for bringing the sit applied because the workers backed up their claims that the company’s conduct was willful.
Law360 (October 2, 2024, 12:40 PM EDT) — A New Jersey federal judge greenlighted a $2.7 million
settlement that resolves a suit from a collective of sales specialists who accused pharmaceutical
company Teva of unlawfully denying them overtime wages during an extended training program.