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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

By: Phillip J. Ebsworth and Michael Afar

Seyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual representative PAGA claims in court, even if the individual claims are compelled to arbitration.

In concluding that plaintiffs compelled to…

Continue Reading PAGA Paraphrased – Gregg v. Uber Technologies, Inc., 89 Cal.App.5th 786 (2023)

By: Christine M. Costantino

Seyfarth Synopsis: In what could become a trend, Judge T.S. Ellis, III recently broke with other courts in the Eastern District of Virginia when he rejected the two-step conditional certification process commonly used in FLSA collective actions and endorsed the one-step process and rationale outlined in 2021 by the Fifth Circuit in Swales v. KLLM…

Continue Reading Eastern District of Virginia Judge Rejects Two-Step Conditional Certification Process for FLSA Collective Actions

By: Phillip J. Ebsworth and Justin T. Curley

Seyfarth Synopsis: The Fourth Appellate District provides further support that plaintiffs do not lose representative standing once their individual PAGA claims are compelled to arbitration. In doing so, it rejected the argument that the language of PAGA requires a plaintiff to be able to maintain both individual and representative PAGA claims in…

Continue Reading PAGA Paraphrased – Piplack v. In-N-Out Burgers, 88 Cal.App.5th 1281 (2023)

By A. Scott Hecker, Adam R. Young, Patrick D. Joyce, James L. Curtis, and Craig B. Simonsen

Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National Labor Relations Board General Counsel Jennifer Abruzzo…

Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”

By: Phillip J. Ebsworth and Justin T. Curley

Seyfarth’s Wage Hour Litigation practice group is excited to share this inaugural post in our new series, PAGA Paraphrased. The everchanging world of PAGA is full of verbose opinions, unwieldy statutory language, and a unique and sometimes perplexing vocabulary that even an exasperated United States Supreme Court expressed confusion over. Whether you…

Continue Reading PAGA Paraphrased – Galarsa v. Dolgen California, LLC, 88 Cal.App.5th 639 (2023)

By: Scott Hecker and Scott Mallery

On this episode of the Policy Matters Podcast, Seyfarth Senior Counsel Scott Hecker and Counsel Scott Mallery discuss the Senate HELP Committee’s recent inability to advance U.S. DOL Wage and Hour Administrator nominee Jessica Looman out of committee, this time due to a procedural hiccup that will likely be remedied. The Scotts discuss what…

Continue Reading Policy Matters Podcast – Episode 34: President’s Second Nominee for Wage and Hour Administrator Stuck in Committee…Again