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
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: 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
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