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By: Alex Simon and Kyle Petersen

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.

When this Blog wrote two weeks ago, “Swales, Clark, and Laverenz pave the way for additional district and appellate courts to depart from…

Continue Reading The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the Standard for Sending Court-Authorized Notice to Potential Plaintiffs in Collective Actions.

By: Alex Simon

Seyfarth Synopsis: The Seventh Circuit held that out-of-state plaintiffs must be dismissed from FLSA collective actions when the court lacks personal jurisdiction over them.

In a 2-1 decision reversing the lower court, the Seventh Circuit last week joined the Third, Sixth, and Eighth circuits in holding that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v.

Continue Reading Seventh Circuit Aligns with Majority on FLSA Nationwide Collective Actions: BMS Applies

By: Phillip J. Ebsworth and Brian B. Gillis

Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers.

The California Supreme Court overturned the Court of Appeal and prior appellate court decisions to conclude that the PAGA statute, legislative history, and public policy support the conclusion public entity employers are not subject to…

Continue Reading PAGA Paraphrased – Stone v. Alameda Health System

By: Alison Silveira and Lilah Wylde

The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes between employers and their workers are around every corner. Wage and Hour Around the Corner is a new blog series for employers, in-house lawyers…

Continue Reading Wage and Hour Around the Corner: Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the FLSA

By: Phillip J. Ebsworth and Andrew Paley

Seyfarth Synopsis: AB 2288 and SB 92 collectively amount to the most substantive changes ever to be seen to PAGA. The changes include numerous pro-employer provisions which seek to address longstanding concerns such as standing, penalties, and manageability.

On June 21, 2024, AB 2288 and SB 92 were introduced proposing significant reforms to…

Continue Reading PAGA Paraphrased – AB 2288 and SB 92

By: Kyle D. Winnick and Robert T. Szyba

Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Act that increase employer wage-hour liability are not retroactive.

In Maia v. IEW Construction Group, the New Jersey Supreme Court decided a critical issue in employer’s favor regarding the “look-back”…

Continue Reading New Jersey Supreme Court Clarifies that Amendments to Wage Payment Law and Wage and Hour Law Are Prospective

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.

By: Ariel Cudkowicz and Michael Steinberg

Seyfarth Synopsis: During oral argument on April 29, 2024, a panel of the Fifth Circuit…

Continue Reading Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule

By: Phillip J. Ebsworth

Seyfarth Synopsis: The Second District, following Adolph and not Viking River, confirms that a PAGA plaintiff does not lose standing to pursue a PAGA claim if they “did not file an individual cause of action seeking individual relief.”

In Balderas, the employee alleged that she was “not suing in her individual capacity” but “solely under…

Continue Reading PAGA Paraphrased – Balderas v. Fresh Start Harvesting, Inc.

By: Bradley D. Doucette, Scott P. Mallery, & Noah A. Finkel

Seyfarth Synopsis: 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 might trigger movement throughout the country…

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

By: Phillip J. Ebsworth, Andrew Paley, and Michael Afar

Seyfarth Synopsis: The California Supreme Court addressed the split in appellate authority and held that trial courts do not have the inherent authority to strike a PAGA claim on manageability grounds.

In Estrada, the trial court had dismissed the plaintiff’s PAGA claim following a bench trial, on the…

Continue Reading PAGA Paraphrased – Estrada v. Royalty Carpet Mills, Inc.