Were You Denied Required Rest Breaks or Pay for Break Time?

Employees may have claims for unpaid wages when they are denied rest breaks required by state law or are not paid for break time that legally counts as time worked. Rest-break requirements vary by state, while federal law provides separate rules governing when break time must be treated as paid working time.

Federal Law: Does the FLSA Require Rest Breaks?

Generally, no. The federal Fair Labor Standards Act (FLSA) does not generally require an employer to give adult employees rest or meal breaks. State law, however, may require breaks.

Under the FLSA, short rest periods—usually 20 minutes or less—generally must be counted as hours worked and paid. By contrast, bona fide meal periods, typically 30 minutes or more, generally do not have to be paid if the employee is completely relieved from duty. For more information, see the U.S. Department of Labor Fact Sheet #22: Hours Worked Under the FLSA and the U.S. Department of Labor’s state rest-period requirements table.

Colorado Example: Alleged Missed Rest Breaks and Unpaid Wages

A recently filed class action illustrates how missed rest breaks may result in claims for unpaid wages. The complaint cites the Colorado Overtime and Minimum Pay Standards Order (the “COMPS Order”), 7 Colo. Code Regs. § 1103-1-5.2, and states that it requires employees to be authorized and permitted ten-minute rest breaks in the middle of each four-hour work period or “major fraction thereof.”

The class action, Valdez v. Benihana Broomfield Corp, filed September 24, 2026 in Denver County District Court, alleges that Benihana Broomfield Corp. (“Benihana”) failed to authorize and permit required rest breaks and failed to compensate employees for missed rest breaks.

The complaint alleges that “Defendant failed to authorize and permit required ten-minute rest breaks for every four hours worked or major fraction thereof to Plaintiff and other non-exempt employees.” According to the complaint, time pressures and alleged systematic understaffing resulted in employees being regularly interrupted and required to perform work without ten-minute rest breaks.

The complaint further alleges that each missed ten-minute rest break effectively resulted in ten minutes of unpaid working time and that, for each missed break, Benihana owes additional straight-time, minimum-wage and/or overtime pay for that unpaid working time. The lawsuit seeks damages and backpay on behalf of individuals who worked as hourly paid employees for Benihana in Colorado within the statute of limitations.

Why the Federal and Colorado Rules Are Different

The Benihana complaint is based on Colorado law. Under the COMPS Order, employers generally must authorize and permit compensated ten-minute rest periods for each four hours of work, or major fractions thereof.

The FLSA does not itself create that general rest-break requirement. Instead, federal law generally requires that short breaks an employer provides be treated as paid working time. An employee’s rights therefore may depend on both state-law break requirements and federal or state rules governing whether break time must be paid.

Workers: Contact Kehoe Law Firm

If you believe you were denied legally required rest breaks, worked through breaks, or were not paid for all compensable time, you are encouraged to send us a message to learn more about your potential legal rights.

For a free, no-obligation legal evaluation, contact:

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan matters. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

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[email protected]

On September 25, 2026, the Commodity Futures Trading Commission (“CFTC) announced that it filed a complaint in the U.S. District Court for the Middle District of Florida against Cash FX Group S.A. and its CEO, Huascar Jose Lopez Castillo, of Brazil; The Conversion Pros, Inc. and its CEO, Ronald Pope, of Oregon; and Justin Halladay, of Florida.

The complaint alleges the defendants operated a multilevel marketing Ponzi scheme, fraudulently soliciting and accepting over $950 million from the public, including individuals in the United States, for the purported purpose of trading retail foreign currency contracts in a commodity pool.

According to the complaint, the defendants falsely claimed pool funds were traded by expert traders, proprietary algorithms, and artificial intelligence, and promised up to 15% weekly returns on that trading.

Contrary to their representations, according to the CFTC, Cash FX engaged in minimal forex trading. Instead, it misappropriated nearly all participant funds, using new contributions from participants to pay fictitious trading profits to other participants and paying millions of dollars to each defendant. The CFTC reported that Cash FX also provided false account statements to participants to perpetuate the lie that it was generating large trading returns, and Cash FX’s participants lost at least $406 million. 

What Does the CFTC Seek?

The CFTC seeks restitution, disgorgement, civil monetary penalties, trading and registration bans, and a permanent injunction against further violations of the Commodity Exchange Act and CFTC regulations. 

Source: CFTC Release No. 9304-26. 

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

All representation is provided on a contingency-fee basis, and plaintiffs are not responsible for attorneys’ fees, court costs, or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval. 

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

Is Your Uninvested Cash Being Swept Into Accounts Paying Low Interest Rates?

Financial firms may use cash sweep programs to automatically move customers’ uninvested cash into bank deposit accounts or other cash vehicles. Customers may earn interest on the swept cash, while financial firms or participating banks may receive economic benefits associated with the arrangement.

Recent class action litigation, including the Oppenheimer matter discussed below, has raised allegations concerning the interest rates paid to customers participating in cash sweep programs and the financial benefits firms may receive from those arrangements.

What Is a Cash Sweep Program?

A cash sweep program automatically transfers uninvested customer cash into a designated bank deposit account or other cash vehicle. Customers may earn interest on the swept cash, while financial firms, affiliated entities, or participating banks may receive economic benefits associated with the arrangement.

Cash sweep programs are not inherently improper, and a particular interest rate does not by itself establish wrongdoing. Legal issues may depend on the governing account and program documents, the nature of the customer relationship, the representations made about how rates are determined, and the specific financial arrangements involved.

Oppenheimer Cash Sweep Litigation: A $70 Million Settlement

Law360 reported on September 18, 2026 that U.S. District Judge Jed S. Rakoff granted final approval to a $70 million settlement between Oppenheimer and a class of customers in litigation concerning Oppenheimer’s Advantage Bank Deposit Program. According to Law360, the program automatically invested customer cash in interest-bearing accounts at banks selected by Oppenheimer.

According to Law360, the plaintiff alleged that the program was “highly lucrative” for Oppenheimer and participating banks while paying customers “unreasonable, below-market interest rates.” Law360 also reported that the plaintiff alleged Oppenheimer and the program banks benefited from the spread between the rates paid to customers and the returns earned from the use of the swept cash.

Why Cash Sweep Interest Rates May Matter

Cash sweep arrangements may involve information concerning the interest rate credited to swept cash, how that rate is determined under the governing documents, where the cash is deposited, and financial benefits the firm or participating banks may receive from the arrangement.

The legal significance of a cash sweep arrangement depends on the particular facts and governing documents. The Oppenheimer matter is included here only as an example of recent litigation involving allegations concerning cash sweep interest rates and the financial benefits associated with a sweep program.

Were You Affected by a Cash Sweep Program?

If you had uninvested cash that was automatically placed into a cash sweep or bank deposit program and have concerns about the interest credited to your cash or the financial benefits associated with the arrangement, contact Kehoe Law Firm, P.C. to review your circumstances and discuss your potential legal rights.

For a free, no-obligation legal evaluation:

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

Was Your Bonus Included in Overtime Pay?

Was your bonus included in overtime pay when you worked more than 40 hours in a workweek? For many hourly and other non-exempt workers, certain bonuses must be included in the regular rate used to calculate overtime. If a bonus that should have been included is omitted from the regular-rate calculation, a worker’s overtime pay may be too low.

When a Bonus May Affect Overtime

Under the Fair Labor Standards Act, covered, non-exempt employees generally must receive overtime pay for hours over 40 in a workweek based on their regular rate of pay. The regular rate includes most compensation for employment, subject to specific exclusions. Nondiscretionary bonuses generally must be included in the regular rate.

A bonus may be nondiscretionary when it is promised or announced in advance and tied to stated criteria, such as production, attendance, quality, sales, or continued employment. A bonus is not excluded merely because an employer calls it discretionary. Whether it must be included depends on the actual terms and circumstances.

When an included bonus covers more than one workweek, the payment generally must be allocated back over the period in which it was earned. The employer may then owe additional overtime for workweeks in which the employee worked more than 40 hours.

Recent Retention Bonus Case

A recent federal court filing illustrates the issue. In Soliz-Arriaga v. Kiewit Offshore Services, Ltd., the plaintiff alleges that quarterly retention bonuses were not included in the regular rate, resulting in underpaid overtime. On September 15, 2026, the plaintiff filed an unopposed motion asking a Texas federal court to certify a settlement collective and approve the parties’ agreement.

The motion states that the proposed settlement collective includes approximately 2,528 hourly, non-exempt employees who received retention bonuses and worked at least one overtime week from January 8, 2023, through July 6, 2026. Kiewit disputes the claims, including whether the bonuses were discretionary, and does not concede that overtime was underpaid. The settlement remains subject to court approval, and the settlement amount was filed under seal.

Review Your Pay Records

Workers who received a retention, attendance, production, performance, or similar bonus should compare the bonus terms with their pay records. Useful documents include bonus plans, offer letters, pay stubs, time records, employee handbooks, and messages explaining how the bonus was earned.

Contact Kehoe Law Firm

If you worked overtime and believe a bonus was excluded from your overtime calculation, Kehoe Law Firm, P.C. is available to evaluate your pay practices and potential claims. For a free, no-obligation legal evaluation, contact Kehoe Law Firm to discuss your circumstances.

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

California Workers: Will Your Minimum Wage Increase in 2027?

Beginning January 1, 2027, California’s statewide minimum wage will increase by $0.50 from $16.90 to $17.40 per hour.

Under California law, most California workers must be paid at least the applicable minimum wage. For some workers, however, $17.40 will not be the applicable rate because a city, county, or industry-specific minimum wage may be higher.

The minimum wage increase also affects overtime exemptions. Beginning January 1, 2027, certain employees classified as exempt from California’s overtime requirements must earn an annual salary of at least $72,384, in addition to satisfying the duties and other requirements for the applicable exemption.

Some California Cities and Counties Require Higher Minimum Wages

The $17.40 statewide rate is a floor, not necessarily the rate that applies to every California worker. California’s minimum wage guidance explains that some cities and counties impose minimum wages above the statewide rate and that covered employers must pay the higher applicable local rate.

For example, UC Berkeley Labor Center’s inventory of local minimum wage ordinances lists current rates of $19.61 in Berkeley and San Francisco, $18.42 in Los Angeles, $18.47 in unincorporated Los Angeles County, and $17.75 in San Diego.

California Workers: Is Your Employer Paying the Minimum Wage You Are Owed?

When California’s new statewide minimum wage takes effect, workers should check their pay rate against the minimum wage that applies where they work. Because some cities, counties, and industries require higher rates, the statewide $17.40 minimum may not be the correct rate for every employee. If your employer is paying less than the applicable minimum wage, you may have a claim for unpaid wages and other remedies under California law.

California Workers: Contact Kehoe Law Firm

Kehoe Law Firm investigates potential wage-and-hour violations affecting workers. If you believe you have been paid less than the minimum wage required where you work, contact Kehoe Law Firm to discuss your circumstances.

For a free, no-obligation legal evaluation, contact:

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

The Commodity Futures Trading Commission (“CFTC”) has granted 10 whistleblower awards totaling more than $150 million.

According to the CFTC, the final award determinations were issued between July and September 2026. The awards recognize whistleblowers whose original information led the CFTC and other authorities to bring successful enforcement actions.

The CFTC did not identify the whistleblowers, the underlying enforcement actions, or the exact amount of each award. The agency generally withholds this information to protect whistleblower confidentiality.

CFTC Whistleblower Awards Reach a Significant Milestone

The awards underscore the important role whistleblowers can play in identifying conduct that may violate the Commodity Exchange Act or CFTC regulations.

Since issuing its first whistleblower award in 2014, the CFTC has awarded more than $580 million to whistleblowers. According to the agency, those awards are associated with enforcement actions resulting in more than $5.1 billion in monetary sanctions.

The CFTC explained that whistleblower awards encourage individuals to report misconduct and can contribute to the success of the agency’s enforcement program.

Who May Qualify for a CFTC Whistleblower Award?

Eligible whistleblowers may receive between 10% and 30% of the monetary sanctions collected in a covered CFTC action or qualifying related action. When the CFTC obtains a final judgment or settlement with monetary sanctions exceeding $1 million, the Whistleblower Office posts a Notice of Covered Action, after which whistleblowers who submitted information related to the underlying enforcement action may apply for an award.

An award is not automatic. In general, a whistleblower must voluntarily provide original information that leads to the successful enforcement of a CFTC action or qualifying related action. For information about conduct already under examination or investigation, the whistleblower’s submission must significantly contribute to the success of the action.

Under CFTC Rule 165.2(i), detailed standards govern whether original information is considered to have “led to successful enforcement.” Among other circumstances, information concerning conduct not already under examination or investigation may satisfy the standard when it is sufficiently specific, credible, and timely to cause CFTC staff to commence an examination, open or reopen an investigation, or inquire into different conduct, and the CFTC brings a successful action based in whole or in part on conduct that was the subject of the information.

Information concerning conduct already under examination or investigation may also satisfy the standard when it significantly contributes to the success of the action. The CFTC may also grant an award in connection with an enforcement action brought by another domestic or foreign regulator when the applicable requirements are satisfied.

Award eligibility, percentage calculations, and related-action requirements are governed by detailed rules. Anyone considering a submission should understand that the timing and manner of reporting may affect potential eligibility.

What Types of Conduct Can Be Reported?

The CFTC welcomes information concerning potential wrongdoing affecting the U.S. derivatives markets, including futures, options, and swaps, as well as fraud or manipulation involving commodities in interstate commerce, including certain digital assets.

Conduct reported to the CFTC may involve, among other things:

• Fraud involving commodities or derivatives;
• Market manipulation;
• Misappropriation of customer funds;
• False or misleading statements to investors or customers; or
• Certain fraud or manipulation involving digital assets.

A person does not have to be a company insider to provide relevant information. Employees, former employees, customers, investors, market professionals, fraud victims, and others may possess information concerning conduct that may fall within the CFTC’s jurisdiction.

Are CFTC Whistleblowers Protected?

The Commodity Exchange Act provides confidentiality protections for whistleblowers. The CFTC generally does not disclose information that could reasonably be expected to reveal a whistleblower’s identity, subject to limited exceptions.

A whistleblower may submit a Form TCR tip anonymously, with or without an attorney. However, a whistleblower who wishes to apply for an award anonymously must be represented by counsel. Before an award is paid, the whistleblower’s identity must be disclosed to the CFTC and verified in a manner acceptable to the Commission.

Confidentiality protections are not absolute. In certain circumstances, disclosure may be required in connection with an administrative or judicial proceeding or as otherwise permitted by applicable law.

Individuals concerned about confidentiality, workplace retaliation, or preserving evidence should consider obtaining legal guidance before communicating with an employer, regulator, or other party.

How Is a CFTC Whistleblower Tip Submitted?

A person with information about a potential Commodity Exchange Act or CFTC violation may submit a Tip, Complaint, or Referral using the CFTC’s Form TCR.

The submission should clearly explain the suspected misconduct and, where available, identify supporting documents, communications, transactions, witnesses, and relevant dates.

Timing can be important. To be treated as voluntarily submitted, information must be provided before the CFTC or certain other authorities request, inquire about, or demand information from the whistleblower relating to the original information being provided.

Submitting information does not guarantee that the CFTC will open an investigation, bring an enforcement action, collect monetary sanctions, or grant an award.

Speak With a Whistleblower Attorney

Individuals with information concerning commodities fraud, market manipulation, financial misconduct, or other conduct that may fall within the CFTC’s jurisdiction may have questions about their reporting options and potential rights under the CFTC Whistleblower Program.

Kehoe Law Firm, P.C. assists whistleblowers in evaluating potential claims and navigating issues involving CFTC reporting, award eligibility, confidentiality, anonymity, and timing.

If you have information that may be relevant to the CFTC Whistleblower Program, contact Kehoe Law Firm to discuss your circumstances and potential options.

All consultations and case evaluations are free and confidential.

Michael Yarnoff, Esq.
(215) 792-6676, Ext. 804
[email protected]
[email protected]

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm representing investors, consumers, and employees in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion on behalf of institutional and individual investors.

Kehoe Law Firm’s class action legal services are provided on a contingency-fee basis, meaning plaintiffs are not responsible for attorneys’ fees or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval.

PHONE

Tel: 215-792-6676

EMAIL

[email protected]