By: Alison Silveira and Lilah Wylde

On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act.  The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11, 2024) is the first of its kind at the federal appellate level, as it

Continue Reading 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.

By: Phillip J. Ebsworth and Michael Afar

Seyfarth Synopsis: The first reported PAGA case of 2024 serves as a reminder of the importance of precise language for an enforceable PAGA waiver and the risks of including a “poison pill” provision in a class/representative/PAGA action waiver in arbitration agreements.

In DeMarinis, the First District affirmed the trial court’s denial of

Continue Reading PAGA Paraphrased – DeMarinis v. Heritage Bank of Commerce

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: Proposed New Rules Under Colorado’s Overtime & Minimum Pay Standards Order Would Narrow

Continue Reading Legislative Update: Colorado Proposes New Rules for Tipped Workers, and More State and Local Efforts to Eliminate the Tip Credit

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: After a trial court upheld the validity of the Department of Labor’s 2021

Continue Reading Tips from Seyfarth: Challenge to DOL’s 80/20 Rule Heads Back to the Fifth Circuit