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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
What you need to know: DOL will no longer seek liquidated (double) damages in pre-litigation FLSA settlements, limiting recovery to unpaid wages. Liquidated damages still apply in court cases, so employers remain at...more
The federal district court in Arizona recently confirmed that employers need a compelling reason to include reversionary clauses in wage-and-hour class action settlements. In Kostov v. Maricopa County Special Health Care...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more
The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more
Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...more
In the ever-evolving landscape of employment law, Washington employers find themselves at the crossroads of compliance and litigation, especially when it comes to handling wage complaints. The recent Washington State Supreme...more
A recent settlement between Qdoba Restaurant Corporation and multiple applicants for employment shows the significance of pay transparency laws that have been instituted throughout the United States. The Qdoba settlement...more
On July 6, Illinois Attorney General Kwame Raoul announced a $950,000 settlement concerning the Illinois Wage Payments and Collection Act, marking the conclusion of an investigation into GrapeTree Medical Staffing...more
In employment cases, the structure of settlement payments may have significant tax consequences for clients. Often the tax consequences depend on whether the settlement payments are for loss of income damages, which are...more
Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more
The U.S. women’s national soccer team (USWNT) is close to receiving a $24 million payout now that a federal judge has preliminarily approved the current and former team members’ settlement with the U.S. Soccer Federation...more
When drafting employment separation or severance agreements, it is relatively common to include non-disclosure and non-disparagement provisions in the documents. The notion is that in return for payment to the former...more
In California, wage and hour claims are more common than claims of wrongful termination and harassment. Fortunately, employers have had a variety of forums in which to resolve wage and hour claims. Because litigation can be...more
In what is being portrayed as a significant victory for women in sports, the United States women’s national soccer team (USWNT) announced a $24 million-dollar settlement of a class action equal pay action against the U.S....more
What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more
29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more
Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more
Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more
A Trending News interview from Employment Law This Week®, featuring attorney Garen Dodge of Epstein Becker Green: The Department of Labor (DOL) announced that both the Wage and Hour Division (WHD) and the Office of Federal...more
Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although...more
Rejecting the federal standard for determining whether a party has “prevailed” on his or her claim under the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, §§ 148 & 150, the Massachusetts Supreme Judicial Court has held...more
As has been long anticipated, the Massachusetts Supreme Judicial Court recently gave a green light to plaintiffs’ attorneys seeking a fee award under the Commonwealth’s Payment of Wages Act, even where an action ends in...more
Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more