Seyfarth Synopsis: The first challenge to the Department of Labor’s overtime rule has landed, but what the U.S. District Court for the Eastern District of Texas will do with it and how any decision will affect businesses remains up in the air.  As this litigation develops, businesses must still prepare for the upcoming July 1, 2024 salary threshold increase.

What

Continue Reading Déjà vu All Over Again: The DOL Overtime Rule Faces Legal Challenge

The United States Supreme Court unanimously held that when a district court compels claims to arbitration, the district court must stay – rather than dismiss – the district court case.  In Smith v. Spizzirri, the Supreme Court resolved a circuit split.  It overruled precedent from the First, Fifth, Eighth, and Ninth Circuits and agreed with decisions from the Second

Continue Reading Staying Around – The Supreme Court Resolves Circuit Split and Mandates that Cases Compelled to Arbitration be Stayed (Not Dismissed)

Seyfarth Synopsis: On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated systems in the workplace.

Artificial Intelligence (AI) is seemingly ubiquitous.  By 2025, half of Human Resource departments are predicted to use AI in

Continue Reading DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

Seyfarth Synopsis: Last week, a Washington healthcare company was ordered to pay 33,000 workers $98.3 million in damages in a class action related to its meal break and timeclock rounding practices.  The vast majority of the awarded damages pertain to missed meal breaks, but the award included an offset of about $1 million to account for the fact that

Continue Reading Washington Healthcare Company Ordered to Pay Workers Almost $100M for Missed Meal Breaks, Unpaid Time

Seyfarth synopsis: Today, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers.

The DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Continue Reading U.S. DOL Releases Final Overtime Rule—Effective July 2024

Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later.

We previously reported on the Biden Administration’s April 2024 target date to publish the DOL Wage and Hour Division’s (“WHD”) final rule on increasing the minimum salary level for white-collar exemptions, “Defining and Delimiting the Exemptions for Executive

Continue Reading Working Overtime: Is Publication of DOL’s OT Exemption Rule Imminent?

Date and Time

Wednesday, March 6, 2024
3:00 p.m. to 3:45 p.m. Eastern
2:00 p.m. to 2:45 p.m. Central
1:00 p.m. to 1:45 p.m. Mountain
12:00 p.m. to 12:45 p.m. Pacific

Register Here


About the Program

Much has happened in the 10 years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective and

Continue Reading Upcoming Webinar: Time Well Spent Session 6: Independent Contractor and Joint Employment Developments

Seyfarth Synopsis:  Today the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”).  The Final Rule jettisons an earlier attempt under the prior Administration to modernize and simplify how to determine who is an employee and who is a contractor by focusing

Continue Reading Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act

Date and Time

Thursday, December 5, 2023
3:00 p.m. to 3:45 p.m. Eastern
2:00 p.m. to 2:45 p.m. Central
1:00 p.m. to 1:45 p.m. Mountain
12:00 p.m. to 12:45 p.m. Pacific

Register Here


About the Program

A lot has happened in the 10 years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective

Continue Reading Upcoming Webinar: Time Well Spent Session 4: Arbitration of Wage-Hour Claims

By: A. Scott Hecker and Ted North

Seyfarth Synopsis:  This alert summarizes the IRS’s recent notice of proposed rulemaking on complying with prevailing wage and apprenticeship requirements under the Inflation Reduction Act and explains key provisions including (i) identification of a qualifying project’s applicable wage determination(s), (ii) penalties for non-compliance, and (iii) the new exception for incorporating Project Labor Agreements.

Continue Reading The IRS – Finally – Publishes a Notice of Proposed Rulemaking Clarifying Inflation Reduction Act Prevailing Wage and Apprenticeship Compliance Requirements