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No Substitutions: DOL Finalizes Time-Based Limit on Non-Tipped Work By Tip Credit Employees

Seyfarth Synopsis: Last week, the U.S. DOL issued a final rule limiting use of the FLSA’s tip credit for tipped employees who sometimes perform non-tipped work. Declining a more flexible approach advocated by many employers...more

Third Circuit Puts The Kibosh on Hybrid Hijinks

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

Sixth and Eighth Circuits Reshape FLSA Collective Action Litigation

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

Proposed Tip Credit Regulations Place Further Litigation on the Menu

Seyfarth Synopsis: If the gist of a proposed regulation is made final, the 80/20 rule will be back, and with a vengeance. Employers who take a tip credit for their tipped employees will have to ensure that those employees...more

Independent Contractor Classification Clarity, We Hardly Knew Ye

Seyfarth Synopsis: After delaying the effective date of a finalized Trump-era interpretive regulation that would have brought much needed clarity to the definition of employee under the Fair Labor Standards Act, the DOL...more

Sample Job Assessment Questionnaire Form

In this excerpt from our FLSA Handbook, we provide a is a “Sample Job Assessment Questionnaire Form” which is useful for reviewing exempt classification. The Handbook’s appendices contain two sets of guidelines to support the...more

Exempt Employees

Because exempt misclassification issues are among those more prominently revealed during Wage-Hour Division investigations and are often the focus of costly litigation, this chapter of our FLSA Handbook explains the most...more

Compliance and Prevention Matters

In this chapter of our FLSA Handbook, we provide an overview of measures that an employer can take to comply with state and federal wage and hour laws. We also provide an outline to assist employers in structuring their own...more

Did the 7th Circuit Just Provide a New Avenue to Defeat Certification of a State Law Overtime Claim?

Seyfarth Synopsis: The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is...more

DOL Issues New Tip Regulations: Will 2020 Be The Last Year Of 80/20?

Seyfarth Synopsis: Just before the holidays, the Department of Labor’s Wage-Hour Division issued its final pay regulations governing tipped employees. The final regulations, which were published December 22, 2020 and will...more

Is Invalidation of the DOL’s Joint Employer Rule Much Ado About Nothing?

Seyfarth Synopsis: Much has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s (“DOL”) joint employment rule. While the immediate reaction of some may be...more

DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee

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

Fluctuating Workweek Rule Becomes Final as Department of Labor Looks Forward to Return to Work

Seyfarth Synopsis: More than a decade after it was originally proposed, the U.S. Department of Labor’s Wage & Hour Division has finally promulgated a new rule concerning the fluctuating workweek (FWW) method of computing...more

What do you call the axing of some DOL Section 7(i) interpretive regs? A good start.

Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair...more

A Zombie Tip Credit Rule: District Court Tries To Bring The 80/20 Guidance Back From The Dead

Seyfarth Synopsis: Even though the DOL abandoned its 20% tip credit rule in November 2018, one federal district judge has refused to defer to the agency, opting to defer to the old guidance instead....more

New Year Brings New Illinois Expense Reimbursement Law

Seyfarth Synopsis: Because of a new law effect January 1, 2019, employers in Illinois should review and, if necessary, revise, their expense reimbursement policies to avoid a new source of potential class action exposure....more

Check, Please!  DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule

Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be...more

Halloween Bill Provides A Scare By Seeking To Prohibit Workplace Arbitration Altogether

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

Ninth Circuit Issues En Banc Decision Upholding DOL’s 20% Tip Credit Rule; Ball Is Now In DOL’s Court

Seyfarth Synopsis: In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the...more

A Class Waiver Can Be A Condition Of Employment

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

Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language

Seyfarth Synopsis: Employers seeking to show that they correctly have classified an employee as exempt from the FLSA’s overtime requirements often have faced hostility from courts under the misimpression that FLSA exemptions...more

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

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

Department Of Labor’s Wage And Hour Division Proposes To Nix Unpopular Tip Pooling Rule

Seyfarth Synopsis: On Monday, the DOL issued a Notice of Proposed Rulemaking announcing rescission of a rule that regulates tip pooling by employers who do not take the tip credit. The DOL has issued a Notice of Proposed...more

9th Circuit’s Xerox Decision Copies Sister Circuits In Affirming Workweek Standard For FLSA Compliance

Seyfarth Synopsis: The Ninth Circuit recently joined the Second, Fourth, Eighth, and D.C. Circuits in holding that the relevant unit for determining minimum-wage compliance under the FLSA is the workweek as a whole, rather...more

Big Commissions & FLSA Omissions: How Employers Could Be Required to Pay Six-Figure Earners Overtime Wages

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

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