Risk Prevention Strategies: Avoiding Costly FLSA Missteps
What Should I Do If My Employer Failed to Pay Me Wages?
The Department of Labor (DOL) recently brought suit against East Pennsylvania Manufacturing (East Penn) under the Fair Labor Standard Acts (FLSA) for allegedly failing to pay thousands of employees for time they spent...more
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
For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more
Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more
The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more
The Fair Labor Standards Act (FLSA) establishes federal minimum wage, overtime pay, and recordkeeping requirements. Administration of the FLSA can be complex, with the consequences of violation leading to stiff penalties. In...more
Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval. The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
• New Illinois Gov. J.B. Pritzker used his first day in office to sign an Executive Order that directs the Illinois Department of Labor to review and expedite pending wage claims and prohibits state agencies from asking for...more
Many of you likely have filled out your March Madness bracket, and are eagerly watching game after game hoping your bracket doesn’t bust. The gig misclassification game is experiencing a March Madness of its own. The debate...more
On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program (“PAID” or the “Program”) – aimed at increasing employers’ FLSA compliance and...more
In a case of first impression in the Second Circuit, a court in the U.S. District Court for the Southern District of New York has held private settlements under the FLSA entered into prior to a lawsuit being filed do not...more
Seyfarth Synopsis: The majority of courts have held that releases of FLSA rights require approval by a court or the US Department of Labor. A recent case in the Southern District of New York highlights a dilemma employers...more