Latest Publications

Share:

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

Effective Remedial Action Does Not Require Crystal Ball, Rules Iowa Court

Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other...more

Chicago Passes Expansive Fair Workweek Law

Seyfarth Synopsis: On Wednesday, the Chicago City Council passed the Chicago Fair Workweek Ordinance, arguably the most expansive law of its kind. When the law takes effect in July 2020, it will require covered employers to...more

Regulatory Spring: Rulemaking by the Wage & Hour Division

Earlier last week, the comment period ended for the U.S. Department of Labor, Wage & Hour Division’s proposed rule increasing the salary threshold for the FLSA’s white collar exemption. The proposal received more than...more

Regulatory Spring: Rulemaking by the Wage & Hour Division

Welcome to our latest installment of Regulatory Spring, Seyfarth Shaw’s weekly blog series covering the U.S. Department of Labor’s three-headed effort to revise and modernize various core components of the Fair Labor...more

April Rules: DOL Continues Rulemaking Sprint With New Proposed Joint Employment Standard

Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more

Looking Ahead to Exhibit A: Tips For Drafting Job Descriptions for Exempt Employees

Seyfarth Synopsis: Each year, droves of employers are hauled into court to defend lawsuits in which salaried-exempt employees claim that, because of their job duties, they should have been classified as non-exempt and paid...more

The Tension Between Present and Future in Wage and Hour Lawmaking

Seyfarth Synopsis: Most wage and hour laws set out to benefit and protect workers in some way. The recent wave of state and local predictive scheduling laws and minimum wage hikes is no different....more

Tired Of Waiting For FLSA Litigation? Meet PAID, WHD’s Pilot Program For Proactive Employers.

On Tuesday, the Wage & Hour Division announced a new program for resolving violations of the FLSA without the need for litigation. The Payroll Audit Independent Determination program—or “PAID”—is intended to facilitate the...more

The Road To FLSA Litigation Is Often Paved With Good Intentions

Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more

Obama Overtime Rule Invalidated by Federal Court in Texas

Seyfarth Synopsis: On Thursday afternoon, a federal judge in Texas issued an order officially invalidating the U.S. Department of Labor’s 2016 overtime rule, which would have more than doubled the minimum salary level for...more

Should I Stay or Should I Go Now: Federal Court Denies Class Certification to Supervisors Claiming In-Store Meal Breaks Violate...

Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS...more

Finally Briefed: DOL Files 5th Circuit Reply Defending its Authority to Set Salary Level for EAP Exemptions

At last, the federal government has filed its reply brief in the Fifth Circuit concerning its appeal from a Texas district court’s order preliminarily enjoining the 2016 revisions to the FLSA’s executive, administrative, and...more

Acosta Takes the Helm

Seyfarth Synopsis: Last Thursday, the Senate confirmed Alexander Acosta as the 27th United States Secretary of Labor. Filling the final post in President Trump’s cabinet, Acosta will lead a Department of Labor that has,...more

New Rules, New Secretary? As Spring Inches Closer, We’re Getting Warmer.

Will the Department of Labor’s new overtime rule go into effect? When will a new Secretary of Labor be confirmed? We don’t have the answers just yet, but a lot has happened over the last few weeks to inch us closer. As things...more

New OSHA rules on drug-testing, retaliation claims, and accident reporting

Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more

WHD Issues Another Momentous Interpretation, Mapping Joint Employer Status on Horizontal and Vertical Planes

As we predicted, the federal Wage and Hour Division has issued another edict that will have far-ranging effects on businesses across the U.S. economy, specifically those sharing employees with related operations or relying on...more

Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt

The lawyers in our readership are quite familiar with the fact that, as a general matter, practicing attorneys are not entitled to overtime pay under the FLSA. But does that exempt status change when an attorney is retained...more

Another Year, Another All-Time High for Wage and Hour Litigation

Wage and hour litigation continues to soar to record highs. So says the federal judiciary’s most recent data on cases filed in federal court over the last federal fiscal year. After hitting an all-time high of 8,160 in FY14,...more

Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager...

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously...more

Seyfarth Submits Comments in Response to Proposed Overtime Rules

On Friday, Seyfarth’s Wage & Hour Litigation Practice Group submitted its comments to the Wage and Hour Division’s recent Notice of Proposed Rulemaking. As our readers know, the NPRM signals a potential overhaul to the FLSA’s...more

How Retailers Can Navigate the New White-Collar Overtime Rules: Turning Legal Change Into Business Opportunity

The Department of Labor’s proposed revisions to the Fair Labor Standards Act’s overtime exemptions will impact the American workplace—and especially the retail workplace—as much as any legal development in the past decade. ...more

47 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide