The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more
7/29/2025
/ Audits ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Regulatory Reform ,
Risk Management ,
Settlement ,
Voluntary Self-Audit ,
Wage and Hour
The freshly enacted “One Big Beautiful Bill” introduces two above-the-line tax deductions for tips and overtime wages. While these deductions offer potential savings for eligible workers, they come with new compliance...more
7/11/2025
/ Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Food Service Workers ,
IRS ,
New Legislation ,
One Big Beautiful Bill Act ,
Over-Time ,
Reporting Requirements ,
Tax Deductions ,
Tax Reform ,
Tipped Employees ,
Tips ,
Wage and Hour
A federal district judge has vacated the U.S. DOL’s 2024 rulemaking increasing the minimum salary employers must pay to exempt executive, administrative, and professional employees. That minimum now reverts to an annualized...more
11/19/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive,...more
6/10/2024
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Non-Exempt Employees ,
Over-Time ,
Reclassification Rules ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis. Businesses familiar with FLSA litigation are aware of the frustrating ease with which some courts have turned single-plaintiff cases into large-scale collective action proceedings. But the tides are...more
Seyfarth Synopsis: Today the U.S. Department of Labor issued its draft new interpretive regulation (or NPRM) attempting to define employee versus independent contractor status under the Fair Labor Standards Act. The NPRM...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: 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
Gone are the days when the U.S. DOL’s Wage & Hour Division (“WHD”) invited employers to proactively identify and collaborate with the Division to fix their wage and hour missteps. Closed is the chapter in which employers...more
Seyfarth Synopsis: On January 8, the U.S. DOL’s Wage & Hour Division issued an opinion letter confirming the exempt status of Account Managers at a life sciences manufacturing company under the FLSA’s administrative...more
Seyfarth Synopsis. In the final hours of 2020, the U.S. DOL’s Wage & Hour Division issued an opinion letter containing guidance on the compensability of time commuting to the office, or tending to personal matters, for...more
Seyfarth Synopsis: State lawmakers continue to search for ways to pave the path for their economies to reopen amidst the COVID-19 pandemic. The latest trend in that effort: equipping businesses with a shield against legal...more
Seyfarth Synopsis: Some states are known for setting high legislative bars with respect to employment rights and protections (looking at you, California). The State of Georgia isn’t one of them. Earlier this month, however,...more
8/20/2020
/ Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Lactation Accommodation ,
New Legislation ,
Reasonable Accommodation ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: Chicago’s Fair Workweek Ordinance goes into effect on July 1. The law will require covered employers to provide covered employees ten days’ notice of their work schedule. Save for certain exceptions,...more
Seyfarth Synopsis: What a difference a couple of weeks make. The COVID-19 outbreak has forced change upon all aspects of society, and the workplace is no exception. Many workers who escaped layoffs or furloughs are now...more
Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more
1/9/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Conditional Job Offers ,
Disability Discrimination ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Litigation ,
Energy Sector ,
Failure to Accommodate ,
Failure to Notify ,
Hiring & Firing ,
Job Descriptions ,
Reasonable Accommodation ,
Summary Judgment ,
Termination ,
Vetting
Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other...more
8/16/2019
/ #MeToo ,
Commercial Truck Drivers ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Failure To Respond ,
Freight Forwarding ,
Hostile Environment ,
Remedial Actions ,
Sexual Harassment ,
Trucking Industry
Seyfarth Synopsis: On Wednesday, the Chicago City Council passed the Chicago Fair Workweek Ordinance, arguably the most expansive law of its kind. When the law takes effect in July 2020, it will require covered employers to...more
7/26/2019
/ Covered Employees ,
Employee Rights ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Fair Workweek ,
Local Ordinance ,
Notice Requirements ,
Section 7 ,
State and Local Government ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: Each year, droves of employers are hauled into court to defend lawsuits in which salaried-exempt employees claim that, because of their job duties, they should have been classified as non-exempt and paid...more
Seyfarth Synopsis: Most wage and hour laws set out to benefit and protect workers in some way. The recent wave of state and local predictive scheduling laws and minimum wage hikes is no different....more
On Tuesday, the Wage & Hour Division announced a new program for resolving violations of the FLSA without the need for litigation. The Payroll Audit Independent Determination program—or “PAID”—is intended to facilitate the...more
Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more
2/8/2018
/ Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Holiday Parties ,
Incentive Compensation ,
Off-Duty Employees ,
Over-Time ,
Regulatory Standards ,
Rest and Meal Break ,
Telecommuting ,
Volunteers ,
Wage and Hour
Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS...more
Seyfarth Synopsis: OSHA’s new final rules call into question mandatory post-accident drug screenings and safety incentive programs, open the door to new retaliation citations, and will require employers to post OSHA logs...more
Wage and hour litigation continues to soar to record highs. So says the federal judiciary’s most recent data on cases filed in federal court over the last federal fiscal year. After hitting an all-time high of 8,160 in FY14,...more