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The Facts Matter: Publix Defeats Certification of Off-The-Clock Assistant Manager Claims

Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective...more

Keeping it Local: Another Court Denies FLSA Conditional Certification Due to Lack of Personal Jurisdiction

Seyfarth Synopsis: Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification because there was no personal jurisdiction over non-Massachusetts entities with respect to...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts - Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver

Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver - Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more

Independent Contractor Standards Uncertain Despite New Administration

Seyfarth Synopsis: It remains to be seen whether the Trump administration will redirect its enforcement priorities away from independent contractor misclassification issues or curtail the applicable standards in the coming...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

Ninth Circuit Roundly Supports Time Punch Rounding

The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy...more

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