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2023 FLSA Litigation Metrics & Trends

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more

On Deck for ’22: Exempt Salary Level Increases and Prevailing Wage Changes

Seyfarth Synopsis: On December 10, 2021, the White House and U.S. Department of Labor confirmed their plan to propose new rules to increase the salary threshold for exempt employees under the FLSA and “modernize” the...more

Sample Job Assessment Questionnaire Form

In this excerpt from our FLSA Handbook, we provide a is a “Sample Job Assessment Questionnaire Form” which is useful for reviewing exempt classification. The Handbook’s appendices contain two sets of guidelines to support the...more

Exempt Employees

Because exempt misclassification issues are among those more prominently revealed during Wage-Hour Division investigations and are often the focus of costly litigation, this chapter of our FLSA Handbook explains the most...more

Compliance and Prevention Matters

In this chapter of our FLSA Handbook, we provide an overview of measures that an employer can take to comply with state and federal wage and hour laws. We also provide an outline to assist employers in structuring their own...more

Title VII, Section 1981, and the Limits of Protected Activity

Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the...more

Wait! Did the Fourth Circuit Just Define FLSA Joint Employment More Broadly Than Obama’s DOL?

Employers have no doubt been paying close attention to the future of the joint employer doctrine, which was a focus of change and expansion for DOL leadership during the Obama administration. With a new administration in...more

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