Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection...more
6/20/2023
/ Biden Administration ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Exempt-Employees ,
Labor Reform ,
Minimum Salary ,
NPRM ,
OIRA ,
Proposed Rules ,
Regulatory Agenda ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more
Seyfarth Synopsis: On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more
Seyfarth Synopsis: On December 10, 2021, the White House and U.S. Department of Labor confirmed their plan to propose new rules to increase the salary threshold for exempt employees under the FLSA and “modernize” the...more
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: Since the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, federal district courts around the country have wrestled with whether they may exercise personal jurisdiction over...more
For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with...more
9/23/2020
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Misclassification ,
Wage and Hour
Seyfarth Synopsis: A recent decision highlights why the FLSA is not always the remedial statute created to protect low-income workers by holding that four commission-based sales representatives, each earning six figures, were...more
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: An unpopular DOL regulation that prohibits employers from retaining customer tips received another blow this summer. The Tenth Circuit joined the Fourth Circuit and several district courts in holding that...more
7/11/2017
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Popular ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
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
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more
6/7/2017
/ Collective Actions ,
Corporate Counsel ,
Doffing ,
Donning ,
DuPont ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Petition for Writ of Certiorari ,
Rest and Meal Break ,
Safety Equipment ,
SCOTUS ,
Unpaid Wages ,
Wage and Hour
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
Last week, a federal judge in the Northern District of Illinois lifted the weight of collective action certification off Life Time Fitness, Inc. and refused to certify a proposed collective of more than 6,000 personal...more
BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon.
On Thursday, a judge in the Northern District of...more