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: 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: The Second Circuit has affirmed summary judgment for the employer, Aetna, in an exempt misclassification overtime claim brought by a nurse reviewer. Agreeing that the plaintiff was properly classified as a...more
1/31/2020
/ Aetna ,
Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Independent Contractors ,
Job Duties ,
Misclassification ,
Nurses ,
Over-Time ,
Summary Judgment ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification because there was no personal jurisdiction over non-Massachusetts entities with respect to...more
Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more
3/7/2017
/ Arbitration ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Discrimination ,
Employment Discrimination ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Joint Employers ,
Minimum Salary ,
NLRB ,
Over-Time ,
Pay Equity Laws ,
Rest and Meal Break ,
Retail Market ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy...more
Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class...more