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
8/26/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Field Operations Manual ,
Hiring & Firing ,
New Rules ,
Restaurant Industry ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Vacated ,
Wage and Hour
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
5/1/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Labor Reform ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
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
10/16/2023
/ Colorado ,
Employee Rights ,
Food Service Workers ,
Labor Reform ,
New Rules ,
Proposed Rules ,
Restaurant Industry ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
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
8/17/2023
/ Connecticut ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Labor Reform ,
Minimum Wage ,
Restaurant Industry ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
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
8/1/2023
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Food Service Workers ,
Hospitality Industry ,
Labor Reform ,
Minimum Wage ,
Regulatory Agenda ,
Restaurant Industry ,
Tipped Employees ,
Tips ,
Wage and Hour
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
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
7/9/2020
/ Company Vehicles ,
Corporate Counsel ,
Department of Labor (DOL) ,
Direct to Consumer Sales ,
Exemptions ,
Fair Labor Standards Act (FLSA) ,
Opinion Letter ,
Outside Sales Exemption (OSE) ,
Principal Place of Business ,
Salespersons ,
Trade Shows
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
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
1/31/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Eligibility Determination ,
Exempt-Employees ,
Facebook ,
Fair Labor Standards Act (FLSA) ,
JPMorgan Chase ,
Misclassification ,
Opt-In ,
White-Collar Exemptions
Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more
12/24/2019
/ At-Will Employment ,
Bonuses ,
Breach of Implied Contract ,
Compensation & Benefits ,
Contract Terms ,
Corporate Executives ,
Covenant of Good Faith and Fair Dealing ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
FDA Approval ,
Former Employee ,
Hiring & Firing ,
Labor Regulations ,
Lost Wages ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Termination
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
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
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
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
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