Seyfarth Synopsis: On March 30, 2020, just two days before Dallas’ paid sick leave ordinance was scheduled to begin full enforcement, a federal court in Texas granted a preliminary injunction prohibiting enforcement of the...more
3/31/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: Last April, the Dallas City Council passed an ordinance requiring employers to provide employees who work within the City of Dallas with 48 or 64 hours of paid sick leave per year, depending on size. ...more
3/25/2020
/ Accrual Requirements ,
Dallas ,
Earned Sick Time ,
Employer Liability Issues ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Local Ordinance ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more
9/13/2019
/ Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
2/25/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
First Impression ,
JPMorgan Chase ,
Motion to Compel ,
Notice Requirements ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more
5/7/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Jurisdiction ,
Misclassification ,
Motion to Compel ,
Motion To Stay ,
Wage and Hour
Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may...more
Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that prevailing plaintiffs in FLSA retaliation cases may recover emotional distress...more
The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more
In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the...more
In 2011, the U.S. Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that oral complaints of a violation of the Fair Labor Standards Act can constitute protected activity under the FLSA’s...more