Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state...more
In an important opinion for employers defending against misclassification claims, the Supreme Court has issued its first major employment law decision of the current term in EMD Sales v. Carrera, with two other marquee...more
2/14/2025
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Disability Discrimination ,
EMD Sales Inc v Carrera ,
Employment Discrimination ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Over-Time ,
Retirement ,
SCOTUS ,
Title VII ,
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: 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: 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: 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