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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

The California Supreme Court Pulls The Carpet Out From Underneath Employers

Seyfarth Synopsis: On January 18, 2024, in Estrada v. Royalty Carpet Mills, Inc., the California Supreme Court addressed the split in appellate authority as to whether trial courts have inherent authority to strike a PAGA...more

On the Heels of Helix: Third Circuit Confirms PTO Is Not Part of an Employee’s Salary for the Purpose of Evaluating the Salary...

Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee’s PTO bank for failure to meet clearly defined productivity minimums without violating the...more

AB 2257: Sweeping Changes To AB 5 Independent Contractor Law

Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on...more

California Enacts AB 2257, Providing Much-Needed Clarification and Adding Exemptions to AB 5

Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5 (“AB 5”), a landmark piece of legislation governing their relationships with independent contractors, took...more

Second Circuit Finds Fluctuating Workweek Does Not Require Much Fluctuation

Seyfarth Synopsis: In its first published ruling on such issues, the U.S. Court of Appeals for the Second Circuit disagreed with some earlier court rulings and, in keeping with the U.S. Department of Labor’s new interpretive...more

Per Diem Employment: Taking it Day by Day

Seyfarth Synopsis: “Per diem” (or per day) employment may seem like a simple way to maintain a flexible workforce enabling employers to respond to last-minute changes in staffing needs. But certain legal and practical issues...more

What Makes You Essential? Addressing Employees’ Fears Of Being Stopped Going To And Returning From Work

Seyfarth Synopsis: Many employers are asking whether they need to provide documentation to employees performing work during a shelter-in-place or similar order and increasingly, employees are demanding such documentation. ...more

If Your Remedy For Workplace Coronavirus Concerns Affects Pay, Don’t Compound The Harm With A Wage Law Violation

Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more

If Your Remedy For Workplace Coronavirus Issues Affects Pay, Don’t Compound The Harm With A Wage Law Violation

Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour...more

Regular Rate Refresh: Calculating Overtime for California Employees

Seyfarth Synopsis: While paying employees in California is often a challenge, the regular rate of pay presents a minefield of different formulas for employers to navigate. From what amounts to include, to how the calculation...more

Common Sense Prevails For California Franchisors: Ninth Circuit Focuses On Actual Control of the Worker in Joint Employment...

Seyfarth Synopsis: The Ninth Circuit’s recent decision in Salazar v. McDonald’s Corporation is welcome news for entities facing concerns about joint employment status under California law, and in particular, for franchisors....more

Does a Third-Party’s Bonus Payment to Your Employees Require You to Pay More Overtime? Citing Clark Griswold, Appeals Court Says...

Seyfarth Synopsis: On Tuesday, the Third Circuit issued a decision rejecting the U.S. DOL’s general position that incentive bonuses paid to employees by a third-party must be factored into overtime pay. While the decision...more

On Or Off-Duty, Meal Periods Must Be 30 Minutes

Seyfarth Synopsis: A California Court of Appeal has held that on-duty meal periods under IWC Wage Order No. 5 must be at least 30 minutes long. While the Court of Appeal’s ruling involved employees of 24-hour residential care...more

Class Claims Deserve More Rigorous Treatment, Third Circuit Holds

Seyfarth Synopsis: In a recent decision, the Third Circuit Court of Appeals rebuked a Pennsylvania district court’s skeletal analysis of plaintiffs’ class action claims. Particularly, the court took issue with the district...more

Sixth Circuit Cries Foul on Post-Termination Repayment of Recoverable Draw

Seyfarth Synopsis: A common feature of many a commission plan is the recoverable draw that is offset against future commissions. The DOL has long held this is a permissible way to satisfy the minimum wage requirement. In a...more

California Supreme Court Puts On-Call Breaks To Rest

Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the...more

No Break for California Employers This Holiday Season

Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the...more

Court Enjoins Enforcement of “Safe Harbor” Deadline for Piece Rate Law

Seyfarth Synopsis: A court has temporarily suspended the deadline for employers to elect the statutory “safe harbor” for purposes of complying with recent legislation that makes it even more difficult for employers that pay...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

The California Regular Rate Of Pay: Not Be So Peculiar

We normally write about how California law differs from American law generally. Today, though, we highlight a recent California case that rejected the notion that California law should deviate from analogous federal wage and...more

No Peace for Piece Rate Employers

As 2015 drew to a close, the DLSE issued several publications regarding California’s new piece-rate legislation, AB 1513, reminding California employers that it is now even more difficult to pay employees on a piece-rate...more

Time to Review the Exempt Classification of Computer Employees?

As technology continues to expand and evolve, employers increasingly are needing the services of highly-skilled computer programmers, software engineers, systems analysts, and similar employees. Often, these employees desire...more

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