Seyfarth Synopsis: Yesterday the Supreme Court issued a 5-4 decision in the Lamps Plus, Inc. v. Varela class action arbitration case. The holding and rationale are important to employers because the Court decisively ruled...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Corporate Counsel ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more
The Department of Labor’s release of the new exemption regulations appears imminent. As we have reported in a number of posts, these new rules are expected to nearly double the minimum annual salary level required for...more
On January 20, 2016, the U.S. Department of Labor’s Wage & Hour Division (WHD) issued another Administrator’s Interpretation (the AI or “Guidance”) that it hopes will have a far-ranging impact on how employers do business...more
Starting January 1, 2016, the minimum wage in Massachusetts will be $10.00 per hour. Before Governor Deval Patrick left office, he signed into law an increase in the state minimum wage in three successive annual increments...more
Wage and hour litigation continues to soar to record highs. So says the federal judiciary’s most recent data on cases filed in federal court over the last federal fiscal year. After hitting an all-time high of 8,160 in FY14,...more
Companies burdened by an avalanche of wage and hour class and collective actions have been hoping that Tyson Foods, Inc. v. Bouaphakeo might be the game-changing decision they have been waiting for. If the oral argument...more
The National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., announced last week, dramatically expands joint employer liability under the National Labor Relations Act. A business can be...more
In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board (“NLRB” or “Board”) issued a much awaited decision...more
8/29/2015
/ Congressional Intent ,
Contractors ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Franchisee ,
Joint Employers ,
Joint Liability ,
NLRA ,
NLRB ,
OFCCP ,
Subcontractors ,
Vendors
The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard...more
8/27/2015
/ Browning-Ferris Industries of California Inc. ,
Construction Industry ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Franchisors ,
Hotels ,
Joint Employers ,
NLRB ,
Popular ,
Restaurant Industry ,
Subsidiaries ,
Unions ,
Webinars
In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat...more
8/25/2015
/ Class Action ,
Doffing ,
Donning ,
Due Process ,
Dukes v Wal-Mart ,
Fair Labor Standards Act (FLSA) ,
FRCP 23(b)(3) ,
Popular ,
Rules Enabling Act ,
Safety Equipment ,
SCOTUS ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour ,
Wal-Mart
Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued its first Administrator’s Interpretation (AI) on the Fair Labor Standards Act (FLSA) in more than a year. As the Administrator, Dr. David Weil, had...more
The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour...more
6/11/2015
/ Actual Injuries ,
Appeals ,
Class Action ,
Class Certification ,
Collective Actions ,
Damages ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
FRCP 23(b)(3) ,
Off-The-Clock ,
SCOTUS ,
Trial-by-Formula ,
Tyson Foods ,
Tyson Foods v Bouaphakeo ,
Wage and Hour