In a unanimous decision, the Supreme Court vacated the dismissal of a heterosexual woman’s Title VII claims, concluding that she was improperly subjected to a heightened prima facie standard that required her to show...more
6/6/2025
/ Ames v Ohio Department of Youth Services ,
Appeals ,
Disparate Treatment ,
Employees ,
Employment Discrimination ,
Employment Litigation ,
Equal Protection ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Summary Judgment ,
Title VII
Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state...more
In a recent oral argument, the Justices seemed largely aligned with the plaintiff’s position that majority and historically disadvantaged groups should face the same prima facie test under Title VII....more
In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with...more
2/28/2025
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Motion to Dismiss ,
Oregon ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Vaccinations ,
Workplace Safety
In an important opinion for employers defending against misclassification claims, the Supreme Court has issued its first major employment law decision of the current term in EMD Sales v. Carrera, with two other marquee...more
2/14/2025
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Disability Discrimination ,
EMD Sales Inc v Carrera ,
Employment Discrimination ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Misclassification ,
Over-Time ,
Retirement ,
SCOTUS ,
Title VII ,
Wage and Hour
Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more
8/26/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Field Operations Manual ,
Hiring & Firing ,
New Rules ,
Restaurant Industry ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Vacated ,
Wage and Hour
Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the validity of the Department of Labor’s 2021 regulation codifying the 80/20 rule, raising the possibility of another appeal....more
8/1/2023
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Food Service Workers ,
Hospitality Industry ,
Labor Reform ,
Minimum Wage ,
Regulatory Agenda ,
Restaurant Industry ,
Tipped Employees ,
Tips ,
Wage and Hour
Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more
12/24/2019
/ At-Will Employment ,
Bonuses ,
Breach of Implied Contract ,
Compensation & Benefits ,
Contract Terms ,
Corporate Executives ,
Covenant of Good Faith and Fair Dealing ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
FDA Approval ,
Former Employee ,
Hiring & Firing ,
Labor Regulations ,
Lost Wages ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Termination
Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more
Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more
Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver -
Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more
Seyfarth Synopsis: Two recent decisions by federal courts in Massachusetts highlight barriers to litigating FLSA cases on a nationwide basis — including a personal jurisdiction defense that could preclude a nationwide...more