Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Understanding the New Overtime Tax Policies in the Big Beautiful Bill
Is the Four-Day Workweek Really a Benefit? What’s the Tea in L&E?
Constangy Clips Ep. 11 - Summer Interns and Short-Term Workers: 3 Tips for Managing Seasonal Hires
Navigating Contractor vs. Employee Classification
The Evolution of Equal Pay: Lessons From 9 to 5 — Hiring to Firing Podcast
Keeping Up with Exemption Threshold Regulations
Constangy Clips Ep. 6 - Federal Court Blocks DOL Rule: What Employers Need to Know
What's the Tea in L&E? DOL Drama: Court Vacates Overtime Expansion Rule
Employment Law Now VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases
#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®
The Burr Broadcast: FLSA Overtime Exemption
What's the Tea in L&E? Alert: Salary Threshold for Exempt Employees Increases to $58,656
VIDEO: Major Changes Coming for Employers
#WorkforceWednesday: DOL’s Final Rule on Worker Classification, NLRB Joint-Employer Rule Challenged, SpaceX Sues NLRB - Employment Law This Week®
The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
The Burr Broadcast: Proposed Expanded Overtime Rule
Podcast: California Employment News - The Basics of Pay Exemptions
California Employment News: The Basics of Pay Exemptions
In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential...more
Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more
On August 5, 2025, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Richards v. Eli Lilly & Co., No. 24-2574, fundamentally reshaping how district courts in Illinois, Indiana, and Wisconsin evaluate...more
In recent months, we have seen a substantial uptick in class and collective actions filed against mine operators on behalf of current and former hourly miners (and other hourly field personnel) alleging violations of the Fair...more
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
In Richards v. Eli Lilly, the Seventh Circuit charted new territory for how courts should evaluate requests to send notice in Fair Labor Standards Act (FSLA) collective actions under 29 U.S.C. § 216(b). Departing from the...more
Just this week, in Richards v. Eli Lily & Co., the Seventh Circuit Court of Appeals became the third circuit to depart from the long-standing Lusardi standard for distributing notice to potential plaintiffs in collective...more
This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more
A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more
The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more
The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more
The Ninth Circuit has now joined a growing number of appellate courts holding that, in Fair Labor Standards Act (FLSA) collective actions, personal jurisdiction must be determined on a claim-by-claim basis when general...more
Key Takeaways - - The Ninth Circuit reaffirmed the “near-universal” two-step process for managing FLSA collective actions. - The Ninth Circuit held that district courts are not required to conclusively determine...more
On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more
In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more
In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more
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
A federal court in Michigan recently granted Domino’s motion to compel arbitration of a collective action relating to wage claims but denied Domino’s motion for sanctions and motion to dismiss, instead staying the case...more
The Fair Labor Standards Act contains complex rules for determining whether non-exempt employee travel is compensable working time. In most circumstances, time spent commuting to and from work is not considered FLSA working...more
Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...more
Some forty years ago this author litigated a precedent setting case in the United States District Court in Newark, New Jersey and in the Third Circuit Court of Appeals in Philadelphia. Among numerous reported decisions in...more
Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more
On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more
The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more
On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more