July 8, 2026
More artificial intelligence guidance and clarity on the certification process for Fair Labor Standards Act suits are two developments wage and hour attorneys would like to see in the remainder of 2026.
As AI becomes more prominent, including in the workplace, input at the federal or state level could be helpful for employers and employees alike to keep an eye on their responsibilities, attorneys said.
At the same time, both management- and worker-side attorneys said clearer standards are needed on how to certify wage and hour collectives under the FLSA and who can join, as circuit courts diverge on both issues.
Here, Law360 looks at wage and hour attorneys’ wish list for the rest of the year.
Guidance on AI Use
AI tools have become widespread in everyday life, reaching the employment world in certain areas, such as helping to track workers’ hours and assignments and assisting in performance evaluations that could affect an employee’s career track.
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Without federal guidance, states could be at the forefront of providing necessary AI-related guidance, said worker-side attorney Rebecca Ojserkis of Cohen Milstein Sellers & Toll PLLC.
“It would be great if state and local governments could get ahead of the ball, given their increased nimbleness compared to the federal government in surveying what private employers are using AI for in terms of tracking workers’ hours and movements,” Ojserkis said.
AI tools, although helpful, are still fairly new and could lead to mistakes that could put workers and employers at risk, including when it comes to privacy issues, she said.
“It would be really important for there to be a government actor involved at the outset of the implementation of these technological tools in the workplace, so that you know there are people who are familiar with how [the] tech works,” Ojserkis said.
Read Wage and Hour Attorneys’ Wish List for the Rest of 2026.