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, and HR, payroll, and compensation, that
Continue Reading Wage and Hour Around the Corner: From Zoom to Room: Staying on Solid Legal Grounds with a Remote Staff or an Office Return
Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In Wage Suit
Seyfarth Synopsis: Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class definitions as insufficient under Rule 23. The court’s message? For a class action to pass the Rule 23 taste test, you need a well-seasoned mix
Continue Reading Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In Wage SuitFrom Leniency to Scrutiny: The New FLSA Certification Landscape
Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al. represent significant shifts in the standard for court-authorized notice in Fair Labor Standards Act collective actions. Last week, the Eastern District of Wisconsin followed
Continue Reading From Leniency to Scrutiny: The New FLSA Certification Landscape