Compliance Stuff

Our Wage and Hour thought leaders have pulled together their top predictions for the new year so that employers can get a head start to 2026. If you want more,  register for our FP Workplace Law Forecast Webinar here . Look for Portal-to-Portal Act Litigation We expect to see a substantial uptick in litigation involving employees who undergo security, wait time, and walk time under the Portal-to-Portal Act (PTPA) . Generally, the federal law clarifies that employees don’t have to be compensated for time spent doing tasks before or after the workday (like clocking out) so long as the task isn’t “integral” to the employee’s job. While not all state wage statutes explicitly incorporate the PTPA, the last five years have seen numerous courts clarify whether it applies to state laws – or provides broader coverage . Major retailers and entities with warehouse presences have faced the most heat. We expect some states will try to clarify whether they follow the PTPA in 2026. Minimum Wage ...

The Senate’s recent confirmation of Andrew Rogers to head the Department of Labor’s Wage and Hour Division will press the gas pedal on Trump administration plans to clarify joint employer and independent contractor status, as well as several compliance assistance initiatives . As Rogers settles into his new role, employers should be aware of several key DOL programs and regulatory initiatives that he will be leading. Here’s what you should keep an eye on in the federal wage and hour space. Quick Background Rogers, whose nomination was approved by the Senate on October 7, has worked in the Wage and Hour Division before – experience that will allow him to quickly get his hands into several key rulemakings that will have major implications for employers. “Rogers has been there before, so he knows the players, he knows the building. It’s going to be helpful to not have so much of a learning phase to start, but rather, he can hit the ground running from the get-go,” said Dave Dorey, a ...