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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

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

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

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

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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