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For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

2016 All Over Again: Texas Judge Rejects FLSA Exemption Salary Hike, Restores $35,568 Minimum

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

From Leniency to Scrutiny: The New FLSA Certification Landscape

Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more

The De Minimis Doctrine Lives to Fight Another Day

Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA....more

The De Minimis Doctrine Lives to Fight Another Day

Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA....more

A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more

2023 FLSA Litigation Metrics & Trends

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more

Calling Your Wage and Hour Lawyer Might Save Your Company $22 Million

Seyfarth Synopsis: Employers frequently struggle with questions around the compensability of certain activities, classification of employees, and how to structure their policies to avoid Fair Labor Standards Act violations. ...more

It So Happens That The De Minimis Doctrine Is Only Mostly Dead: District Court Holds That Boot Up Time In Call Center Generally Is...

Seyfarth Synopsis:  A federal district court held that “boot-up” and “shut-down” time in a call-center environment is de minimis and therefore not compensable....more

A “Strong Likelihood” of Change: Sixth Circuit Joins the Fifth in Raising the FLSA Certification Bar

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

Not Remotely Helpful: DOL Issues Guidance on Compensability of Teleworking Breaks

Seyfarth Synopsis:  The DOL has issued guidance to its staff – that might be relied upon by courts – that any break less than 20 minutes while working from home is compensable time, regardless of the reason for the break....more

The Biden Administration Issued Its Latest Regulatory Agenda – What’s on Tap for DOL in 2023?

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

Courts Begin Ruling on Compensability of Covid-19 Screening Time

Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic. One such way the workplace changed is through the introduction of COVID-19 screening tests for...more

Meet the New Interpretation, (Pretty Much the) Same as the Old Interpretation: the DOL Proposes Its Own Independent Contractor...

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

October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022

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

On Deck for ’22: Exempt Salary Level Increases and Prevailing Wage Changes

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

OSHA Issues ETS for Public Inspection with January 4, 2022 Vaccination Deadline

The much-anticipated OSHA Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) posted this morning, November 4, 2021, for public inspection. The ETS...more

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

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

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