Seyfarth Synopsis: In what New York City has billed as the “first-of-its-kind minimum pay rate for app-based restaurant delivery workers,” gig economy delivery workers will be entitled to almost 20 dollars per hour by April...more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
12/10/2019
/ Carve Out Provisions ,
Confidentiality Agreements ,
Corporate Counsel ,
Court Approval ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Interlocutory Appeals ,
Offer of Judgment ,
Rule 41 ,
Rule 68 ,
Settlement Agreements ,
Settlement Negotiations ,
Stipulated Judgment ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: A New York appellate court recently held that New York employers may be liable for liquidated damages for failure to pay employees on a timely basis, even where the employees have been paid in full....more
9/20/2019
/ Appeals ,
Construction Industry ,
Employer Liability Issues ,
Employment Litigation ,
Failure To Pay ,
Labor Law Violations ,
Labor Regulations ,
Liquidated Damages ,
Payment Schedules ,
State and Local Government ,
Unpaid Wages ,
Wages
Snapchat and other photo-sharing apps have redefined how users—and employees share information. Due to the ephemeral nature of Snapchat photos and videos, employers may face hurdles in identifying and investigating workplace...more
3/1/2019
/ Best Practices ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Harassment ,
Information Sharing ,
Litigation Strategies ,
Mobile Apps ,
Photographs ,
Snapchat ,
Social Media ,
Workplace Investigations
Seyfarth Synopsis: The Second Circuit’s recent rulings in Munoz-Gonzalez v. D.L.C. Limousine Service, Inc. and Flood v. Just Energy Marketing Corp. further demonstrate the impact of the Supreme Court’s holding in Navarro, et...more
A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more
7/3/2018
/ Barnes and Noble ,
Conditional Certification ,
Discovery ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Job Descriptions ,
Misclassification ,
Putative Class Actions ,
Retail Market ,
Wage and Hour
Seyfarth Synopsis: On April 2, 2018, the New Jersey Appellate Division reversed an order granting summary judgment to Defendant Legal Cost Control, Inc., finding that New Jersey’s Law Against Discrimination (LAD) may apply to...more
Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more
2/12/2018
/ CEPA ,
Common Law Claims ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Retaliation ,
Summary Judgment ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more
Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage”...more
5/4/2017
/ Barnes and Noble ,
Conditional Certification ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Job Descriptions ,
Misclassification ,
Retail Market ,
Unpaid Overtime ,
Wage and Hour ,
Young Lawyers