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Tips from Seyfarth: In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Legislative Update: Colorado Proposes New Rules for Tipped Workers, and More State and Local Efforts to Eliminate the Tip Credit

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Tips from Seyfarth: Connecticut General Assembly Fails to Pass Tip Credit Elimination Bill

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Tips from Seyfarth: Challenge to DOL’s 80/20 Rule Likely to Head Back to the Fifth Circuit

Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the validity of the Department of Labor’s 2021 regulation codifying the 80/20 rule, raising the possibility of another appeal....more

Numerosity Killed the Class Action: Third Circuit Vacates Certification of Another ADA Title III Class

Seyfarth Synopsis: For the second time in four years, the Third Circuit has reversed a trial court’s certification of a nationwide Title III class on numerosity grounds, applying a demanding standard that will be hard for...more

Retail on Wheels & Selling in Someone Else’s Store: DOL Clarifies Application of the Outside Sales Exemption in Unique Settings

Seyfarth Synopsis:  Two recent Department of Labor Opinion Letters addressing the FLSA’s outside sales exemption provide helpful guidance and flexibility to employers with unique business models....more

Businesses Get Early Victory in Lawsuit Demanding Braille Gift Cards

Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards....more

Invitations (To Join FLSA Collective Actions) Have Consequences: Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent...

Seyfarth Synopsis: An appellate court has ruled that a district court should not authorize notice of an FLSA suit to employees who are ineligible to join the suit because they agreed to resolve disputes exclusively through...more

Tips on Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #4: Review Independent Contractor Relationships

Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts: Tip #3: Conduct an Off-the-Clock Work Audit

Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more

Tips On Avoiding Wage And Hour Lawsuits in Massachusetts - Tip #2: Consider Conducting a Pay Equity Audit

Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...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

Litigate Locally (Not Nationwide), Federal Courts Increasingly Tell FLSA Plaintiffs

Seyfarth Synopsis: Two recent decisions by federal courts in Massachusetts highlight barriers to litigating FLSA cases on a nationwide basis — including a personal jurisdiction defense that could preclude a nationwide...more

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