Co-authored by Cheryl Luce and Noah Finkel
Seyfarth Synopsis: An unpopular DOL regulation that prohibits employers from retaining customer tips received another blow this summer. The Tenth Circuit joined the Fourth Circuit and several district courts in holding that the FLSA does not require employers to turn over customers’ tips to employees so long as those employees are paid at
Continue Reading The Tenth Circuit Takes the DOL Tipping Rule Off the Menu
Authored by Cheryl A. Luce
Seyfarth Synopsis: On May 25, 2017, Noah Finkel spoke at our full-day summit about what to expect from the DOL under the new administration. Noah’s forecast: “They say that the policy is the people, and we don’t yet have the people.” We have a Secretary of Labor and an interim Solicitor of Labor, but are
Continue Reading Wage and Hour Takeaways from Trump Post 100 Day Symposium
Co-authored by Julie Yap and Michael Cross
Seyfarth Synopsis: The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling highlights that trial courts are permitted to weigh conflicting evidence related to whether common or individual issues predominate. While expert
Continue Reading Battle of the Experts on Class Certification: A Win for Employers
Co-authored by Kyle A. Petersen and Molly C. Mooney
Seyfarth Synopsis: The Second Circuit recently upheld a district court order denying a bid for class certification by personal bankers claiming their managers refused to approve timesheets with overtime hours, shaved reported overtime hours, and pressured them to work off the clock. Because the company’s policy governing (and limiting) overtime work
Continue Reading Too Personal To Proceed: Personal Bankers’ Certification Bid Bounced Again
Co-authored by Brett Bartlett and Kevin Young
Seyfarth Synopsis: Last Thursday, the Senate confirmed Alexander Acosta as the 27th United States Secretary of Labor. Filling the final post in President Trump’s cabinet, Acosta will lead a Department of Labor that has, since inauguration, operated without political leadership in the Secretary role. With Secretary Acosta in place, the DOL now
Continue Reading Acosta Takes the Helm
Co-authored by Brett C. Bartlett and Samuel Sverdlov
Seyfarth Synopsis: The Southern District of New York recently held that parties may not settle FLSA claims without court approval through an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure.
Background: Rule 68
Under Rule 68, a party defending a claim can make an “offer of
Continue Reading SDNY Pancakes Parties’ Attempt to Bypass Cheeks: Requires Approval of Rule 68 Settlement
Co-authored by Kyle A. Petersen and Molly C. Mooney
Seyfarth Synopsis: If Congress fails to pass a long-term funding bill, we could be facing a federal government shutdown with no money flowing to fund non-essential services. While it seems the crisis may be averted for now — with a short-term spending bill that would keep the lights on for another
Continue Reading Budget Blues: Planning for a Possible Government Shutdown
Co-authored by Gerald L. Maatman, Jr., Gina Merrill, Brendan Sweeney, and Mark W. Wallin
Seyfarth Synopsis: A New York federal court in Durling, et al. v. Papa John’s International, Inc., Case No. 7:16-CV-03592 (CS) (JCM) (S.D.N.Y. Mar. 29, 2017), recently denied Plaintiffs’ motion for conditional certification of a nationwide collective action in an FLSA minimum wage action
Continue Reading New York Court Delivers Denial Of Certification In Papa John’s Drivers’ Class Action