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From Leniency to Scrutiny: The New FLSA Certification Landscape

Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more

If Pain (Or Anything Else), Yes Gain – Part 108: Illinois DOL Publishes Answers to FAQs on Paid Leave for All Workers Act

What You Need To Know: - Effective January 1, 2024, Illinois’ Paid Leave for All Workers Act requires most employers in the State of Illinois to offer 40 hours of paid leave for any reason to employees. Seyfarth’s prior...more

It So Happens That The De Minimis Doctrine Is Only Mostly Dead: District Court Holds That Boot Up Time In Call Center Generally Is...

Seyfarth Synopsis:  A federal district court held that “boot-up” and “shut-down” time in a call-center environment is de minimis and therefore not compensable....more

Paid Leave For Any Reason Now A Reality In Illinois

Seyfarth Synopsis: Illinois joined the exclusive club of now three states that require employers to offer paid leave for any reason when Governor J.B. Pritzker signed the Paid Leave for Workers Act last week. The Act takes...more

Another Court Rejects The Approval Requirement For Individual FLSA Settlements

Seyfarth Synopsis: FLSA practitioners long have been aware that most courts hold that purely private releases of FLSA claims are void, and that a release of an FLSA claim is valid only if approved by the Department of Labor...more

Amendments To Illinois’ One Day Rest in Seven Act Mitigates Against Hunger Pangs and Rest Deprivation

Seyfarth Synopsis: Recent and Important Amendments to Illinois’ One Day Rest in Seven Act...more

No Substitutions: DOL Finalizes Time-Based Limit on Non-Tipped Work By Tip Credit Employees

Seyfarth Synopsis: Last week, the U.S. DOL issued a final rule limiting use of the FLSA’s tip credit for tipped employees who sometimes perform non-tipped work. Declining a more flexible approach advocated by many employers...more

The Future of Work is Flexibility

Seyfarth Synopsis: Seyfarth Shaw recently hosted a webinar entitled The Future of the World of Work. During part one of this special two-part series, Futurist Ross Dawson, who is one of the world’s leading thinkers on the...more

Expense Reimbursements in the Era of Remote Working

Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are...more

Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of...more

DOL Issues New Tip Regulations: Will 2020 Be The Last Year Of 80/20?

Seyfarth Synopsis: Just before the holidays, the Department of Labor’s Wage-Hour Division issued its final pay regulations governing tipped employees. The final regulations, which were published December 22, 2020 and will...more

Blog Series – Managing a Future Tele-Workforce

Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working...more

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division's Latest Guidance on COVID-19 and...

The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”).  ...more

Thank You, Next Guidance Please — Everything You Need to Know About the Wage and Hour Division’s Latest Guidance on COVID-19 and...

The U.S. Department of Labor’s Wage and Hour Division earlier this week published additional employer guidance regarding compliance with the FLSA during the COVID-19 pandemic (“Guidance”). ...more

What To Do When Employee Misconduct And Protected Activity Collide?

Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in...more

Three Ways COVID-19 Is Changing How We Will Work In The Future

Governors are already discussing lifting stay-at-home restrictions. However, certain changes to the workplace that were implemented during the shelter-in-place period may persist. As Steven Hawking said, intelligence is the...more

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