The right to a proper wage is the law

Languages we speak: EN

We speak

  • English
  • Español
  • Русский
  • Українська
  • Oʻzbekcha
  • ქართული
  • עברית
  • فارسی
  • العربية
  • اردو
  • हिन्दी
  • বাংলা
  • 中文
  • 한국어
  • Français
  • Kreyòl Ayisyen
  • Português

The website is in English. Call or write in any of these. TTY 711.

THIS DEVICE

Reading options

Adjust this website on this device. Your browser and screen-reader settings keep working as before.

Having trouble with this website? Call (718) 484-7510 or email info@usherlegal.com.

DEVELOPMENTS FEDERAL · 2D, 3D AND 11TH CIRCUITS · NY · NJ · FL

What the new rates and court decisions mean for a short paycheck.

Recent rules and court decisions from the federal government, the Second, Third and Eleventh Circuits, New York, New Jersey and Florida, explained for workers and for employers.

All wage updates

THIRD CIRCUIT

Third Circuit: No FLSA Claim for Overtime Gap Time

The Third Circuit held that the FLSA does not cover unpaid non-overtime hours in an overtime week, but state wage laws may still apply.

Read the summary
NEW JERSEY

New Jersey’s ABC Test Rules Take Effect October 1, 2026

New Jersey adopted rules at N.J.A.C. 12:11 that explain how the state applies the ABC test for independent contractor status.

Read the summary
SECOND CIRCUIT

Second Circuit Limits Multi-State FLSA Collective Actions

In Provencher v. Bimbo Foods, the Second Circuit held a court needs personal jurisdiction over out-of-state workers’ FLSA claims before notice goes out.

Read the summary
FEDERAL

DOL Proposes New Test for Independent Contractor Status

The U.S. Department of Labor has proposed replacing its 2024 independent contractor rule with a test built on two core factors.

Read the summary
MINIMUM WAGE

New York’s 2026 minimum wage: $17.00 and $16.00

The rest of the state moved to $16.00, and New Jersey’s general rate rose to $15.92.

Read the summary
ELEVENTH CIRCUIT

Eleventh Circuit Rules on Travel Time for Day Laborers

In Villarino v. Pacesetter Personnel, the court held optional rides could be deducted from pay and travel and waiting time was not paid work time.

Read the summary
NEW YORK

New York Limits Damages for Late Weekly Pay to Manual Workers

A 2025 change to New York Labor Law § 198 limits what manual workers can recover when full wages were paid on time every two weeks, not weekly.

Read the summary
U.S. SUPREME COURT

Employers must prove an exemption

E.M.D. Sales v. Carrera confirmed where the burden of proof sits.

Read the summary
U.S. SUPREME COURT

A day rate is not a salary

Helix Energy v. Hewitt and what it means for workers paid by the day.

Read the summary

These developments concern rules and cases not handled by Usher Law Group. They are general information, not legal advice.