By Noah Finkel and Lennon Haas
Seyfarth Synopsis: Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims under Rule 23 and collective action certification under the FLSA. In that hybrid environment, litigating FLSA collectives to judgment before addressing Rule 23 certification can saddle employers with the increased exposure of …
Continue Reading Third Circuit Puts The Kibosh on Hybrid Hijinks
By: Andrew McKinley and Eric Lloyd
Seyfarth Synopsis: Today, the U.S. Department of Labor rescinded the final rule entitled “Joint Employment Status Under the Fair Labor Standards Act,” more commonly known as the Joint Employer Rule. This alert provides an overview of the DOL’s action and its impact on employers.
With the growth of the gig economy and in…
Continue Reading While Its Appeal Remains Pending, the DOL Rescinds Its Joint Employer Rule as Inconsistent with the FLSA
By Lennon B. Haas, Kyle Petersen, and Kevin M. Young
Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers fall within the Federal Arbitration Act’s transportation worker exemption bears tremendous consequence. If they are exempt, they can’t be compelled to arbitrate under the FAA. If they are not exempt, the answer reverses. In …
Continue Reading Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers
On Thursday, May 20th at 1:00 p.m. ET / 12:00 p.m. CT / 10:00 a.m. PT , Seyfarth attorneys Brett Bartlett, Noah Finkel, Kerry Friedrichs, and Scott Hecker will present a webinar entitled Navigating Wage and Hour Risks Under the Biden Administration.
In February 2021, Seyfarth’s Wage Hour Litigation Practice Group published the inaugural edition of…
Continue Reading Upcoming Webinar: Navigating Wage and Hour Risks Under the Biden Administration
By: Noah Finkel
Seyfarth Synopsis: After delaying the effective date of a finalized Trump-era interpretive regulation that would have brought much needed clarity to the definition of employee under the Fair Labor Standards Act, the DOL yesterday formally repealed that guidance. The result is that companies, workers, and courts will continue to struggle in classifying which workers are employees …
Continue Reading Independent Contractor Classification Clarity, We Hardly Knew Ye
