Pryor Cashman Partner Joshua Zuckerberg, Co-Chair of the firm’s Labor and Employment Group, was quoted in a recent Law360 article examining several of the most significant wage-and-hour decisions issued during the first half of 2026, including rulings addressing arbitration agreements, collective actions, Department of Labor authority, and FLSA enforcement.

In the article, “5 Major Wage And Hour Rulings So Far In 2026,” Josh discussed the U.S. Supreme Court’s decision in Flowers Foods Inc. v. Brock, which clarified that certain last-mile delivery drivers may fall within the Federal Arbitration Act’s transportation worker exemption. While the ruling expanded the scope of workers exempt from arbitration under federal law, Josh noted that employers may still have options under state arbitration statutes:

"I could see a situation in New York, at least, where if that case is arising out in New York ... you could move to compel arbitration under [state law].”

Josh also commented on the Sixth Circuit’s decision in DOL v. Americare Healthcare Services, which upheld the U.S. Department of Labor’s authority to issue a rule expanding wage protections for home care workers despite the Supreme Court’s recent rejection of Chevron deference in Loper Bright Enterprises v. Raimondo. He explained that the case demonstrates that clear congressional delegations of authority remain enforceable:

“Even in the post-Loper Bright world, this was considered a very explicit delegation of authority.”

The article highlights significant 2026 wage-and-hour rulings and the importance of considering both federal and state law developments when evaluating employer compliance and litigation strategies.

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