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 Will Continue to Rise
Several states will increase their minimum wages in 2026 – well above the $15 range in some locations – particularly in the Midwest. For example, DC’s minimum will be more than double the federal requirement at $18.00, and California’s minimum will go up to $16.90. We expect that increases will remain local and at the state level, and that the federal government will be unable to agree on a measure to raise the federal minimum from it’s current $7.25.
Opinion Letter Program Will...
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