Wage & Hour Litigation Blog

Category Archives: Overtime

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SCOTUS Says DOL Needs to Explain Itself If It Wants Deference to its Regulations

Posted in DOL Enforcement, Misclassification/Exemptions, Overtime

Authored by Abigail Cahak

Seyfarth Synopsis: The Supreme Court dealt a blow to the Department of Labor’s rulemaking procedures, criticizing the agency for explicitly changing its long-standing treatment  of automobile service advisors as overtime exempt while saying “almost nothing” regarding the reasons for the abrupt change.

This week, the Supreme Court dealt a blow to the Department of Labor’s rulemaking … Continue Reading

The Spirit of the FLSA Haunts a Highly Paid Employee

Posted in Overtime

Authored by Jeff Glaser


Seyfarth Synopsis: The Eleventh Circuit Court of Appeals cites to the FLSA’s purpose and spirit in upholding the dismissal of a minimum wage and overtime claim brought by a highly paid computer software and hardware engineer.

As we’ve discussed on this blog before, the Supreme Court’s decision in Christopher v SmithKline Beecham Corp. had … Continue Reading

They’re Here: White Collar Exemption Revisions Announced

Posted in DOL Enforcement, Overtime

Authored by Alex Passantino

Tomorrow, the Department of Labor’s long-awaited revisions to the Fair Labor Standards Act’s white collar exemption will be announced. Although there certainly will be additional nuance identified once the entire package has been made available, here are the bottom line changes:

The new salary level required for the executive, administrative, and professional exemptions will be $913… Continue Reading

Advising On Their Own: Financial Advisors’ Class Claims Defeated

Posted in Conditional Certification, Misclassification/Exemptions, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Hillary J. Massey

Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class certification of such claims because the plaintiffs failed to show that common issues predominated. The court, pointing to other decisions denying … Continue Reading

Get Ready!: OT Rules to OMB

Posted in DOL Enforcement, Overtime

Authored by Alex Passantino

The Department of Labor has submitted the final overtime rule to OMB for review. Typically, OMB review takes 30 to 60 days. Last year, OMB reviewed the proposed rule for just about 60 days before approving it. On this timetable, DOL is looking at the possibility of a May date for publication of a final rule.… Continue Reading

Affirming Common Sense: Appeals Court Rejects Plaintiff’s “Two Rights Make A Wrong” Theory Involving Fluctuating Workweek Method

Posted in Overtime

Co-authored by Steve Shardonofsky and Ashley Hymel

The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method described in 29 C.F.R § 778.114.  The Court distinguished additional hourly-based pay from performance-based bonuses in this … Continue Reading

Introducing Seyfarth’s New Micro-Blog Series, Five on Friday

Posted in Overtime

As our readers know, the laws regarding how, and how much, employers must pay their employees are rapidly evolving. Against this backdrop, we are excited to announce Five on Friday, a new micro-blog series developed by Seyfarth’s Wage & Hour Litigation Practice Group.

Each installment in this weekly series will feature a skilled lawyer or expert who will answer five … Continue Reading

I’m Dreaming of a White Collar: 2015 Year in Review

Posted in Arbitration Agreements, City/Local Ordinances, Conditional Certification, Damages, Decertification, Defenses, Discovery, DOL Enforcement, Executive Orders, Hybrid Lawsuits, Independent Contractors, Joint Employment, Jurisdiction, Meal/Rest Breaks, Misclassification/Exemptions, Off-the-Clock Issues, Offer of Judgment, Overtime, Regular Rate, Rule 23 Certification, Salary Basis, Service Charges/Gratuities, Settlement, State Laws/Claims, Uncategorized

Authored by Alex Passantino

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year.

In January, for new regs in this year our breath bated. Then for six painful months, we speculated and waited. And just as … Continue Reading

So What About Those “BlackBerry Claims” We’ve Been Worried About?

Posted in Conditional Certification, Off-the-Clock Issues, Overtime

Co-authored by Laura E. Reasons and Noah A. Finkel

BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon.

On Thursday, a judge in the Northern District of Illinois held in Allen v. City of Chicago that the Chicago Police Department (CPD) did not … Continue Reading

Another Year, Another All-Time High for Wage and Hour Litigation

Posted in Overtime

Co-authored by Richard Alfred and Kevin Young

Wage and hour litigation continues to soar to record highs. So says the federal judiciary’s most recent data on cases filed in federal court over the last federal fiscal year. After hitting an all-time high of 8,160 in FY14, the annual wage and hour caseload spiked another 7.6%—to 8,781—in FY15. In federal court, … Continue Reading