Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted standards—for exempt status, collective action certification, and the arbitrability of certain wage and hour cases. And pay laws remained in flux, as local, state, and federal legislatures and agencies quarreled over everything from minimum wages, to questions of who is an employee and who not, and—further—to rules around the disclosure and frequency of employee pay.
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