In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the...more
1/17/2025
/ Appeals ,
Class Action ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions
Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more
12/23/2024
/ Class Action ,
Class Certification ,
Class Members ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
FRCP 23 ,
Job Descriptions ,
Labor Law Violations ,
Off-The-Clock ,
Restaurant Industry ,
Unpaid Overtime ,
Wage and Hour
Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective...more
12/10/2024
/ Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Off-The-Clock ,
Popular ,
Publix ,
Wage and Hour
Seyfarth Synopsis: Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims under Rule 23 and collective action certification under the FLSA. In that...more
Seyfarth Synopsis: Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United States Supreme Court decisions upholding arbitration and...more
Seyfarth Synopsis: In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment, to enter into...more
5/21/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
SCOTUS
Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more
12/8/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Disputes ,
Legislative Agendas ,
NLRA ,
NLRB ,
Proposed Legislation ,
Sexual Harassment
Seyfarth Synopsis: The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers’ mandatory arbitration programs....more
10/4/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB ,
SCOTUS
Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions....more
10/4/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Corporate Counsel ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
NLRA ,
NLRB
Seyfarth Synopsis: In the first argument of the first day of its new term, the U.S. Supreme Court will hear oral argument in three cases presenting the issue of whether an employer may require employees to enter into...more
Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held that the waivers...more
Seyfarth Synopsis: Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises.
Earlier this year, the DOL’s Wage-Hour Division issued a...more
As noted by this blog on several occasions, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective action can moot a case by...more
It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more
9/1/2015
/ Appeals ,
Class Action ,
Class Certification ,
Damages ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Non-Work Hours ,
Opt-Outs ,
Reversal ,
State Law Claims ,
Summary Judgment ,
Wage and Hour