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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.

Seyfarth’s Wage Hour Litigation Practice Group is excited to announce a new blog series, Wage and Hour Around the Corner…

Continue Reading Wage and Hour Around the Corner – A New Blog Series Chronicling the Brave New World of Wage and Hour

As the FLSA landscape continues to evolve, Seyfarth’s national Wage and Hour Litigation practice group is pleased to share our observations and analysis of the 2023 FLSA litigation trends as well as our forward-looking predictions for 2024.

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and…

Continue Reading Now Available! Seyfarth Resource – 2023 FLSA Litigation Metrics & Trends

By: A. Scott Hecker and Ariel Fenster

Seyfarth Synopsis: Child labor laws remain fertile ground for government enforcement as evaluate key issues for 2024. Late last year, the Wage Hour Division released guidance for new processes to assess greater penalties against companies who violated child labor laws. Companies should take note of the increased financial risks and overall teamwork between…

Continue Reading Child Labor Law Penalties on the Rise – Employers Face Various Avenues to Increased Exposure

By: Clara L. Rademacher and Ryan McCoy

Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the agency’s determinations preempting California and Washington’s meal and rest break rules. This includes the opportunity to respond to the California Attorney…

Continue Reading FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf Of California And Washington Drivers

By A. Scott Hecker

Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to pursue – with frequent delays – a number of significant rulemakings, including the Division’s proposed increase to the minimum salary level for …

Continue Reading The Biden Administration Issued Its Fall 2023 Regulatory Agenda – What Can We Expect From the DOL Wage and Hour Division’s Rulemakings?

Date and Time

Thursday, November 16, 2023
2:00 p.m. to 2:30 p.m. Eastern
1:00 p.m. to 1:30 p.m. Central
12:00 p.m. to 12:30 p.m. Mountain
11:00 a.m. to 11:30 a.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 3: Certification and Decertification

By: A. Scott Hecker

The long wait for a Senate-confirmed U.S. DOL Wage and Hour Division (“WHD”) Administrator is over!  As of October 25, 2023, Jessica Looman has ascended to the top role in one of the Department’s premier enforcement agencies, winning confirmation 51-46.  Operating as Principal Deputy Administrator since January 20, 2021, Ms. Looman’s WHD was active even before…

Continue Reading Take Me to Your Leader: Senate Confirms Jessica Looman as U.S. DOL Wage and Hour Division Administrator

By Lennon Haas and Noah Finkel

Seyfarth Synopsis:  Employers frequently struggle with questions around the compensability of certain activities, classification of employees, and how to structure their policies to avoid Fair Labor Standards Act violations.  Getting the answers wrong can be costly.  But getting them wrong without making reasonable efforts to comply with the law doubles an employer’s exposure.  According…

Continue Reading Calling Your Wage and Hour Lawyer Might Save Your Company $22 Million

By: Beth Pelliconi and Noah Finkel

Seyfarth Synopsis:  The Tenth Circuit Court of Appeals has provided a helpful guide to employers seeking to defeat class and collective certification of claims that employees worked off-the-clock and skipped meal and rest periods in order to meet productivity standards.

“We can’t get our work done in the time you’ve allotted” is a common…

Continue Reading Tenth Circuit Shows How to Defeat Cert on Off-the-Clock Claims

By: Paxton Moore and Rob Whitman

Seyfarth Synopsis: New York Governor Kathy Hochul has signed legislation that, effective immediately, adds wage theft to the definition of “larceny” under the state’s penal code, creating potentially harsh penalties for the state’s employers.

Under a recently enacted New York statute, wage theft is considered a form of “larceny” under the state’s penal law.

Continue Reading Wage Theft Now A Form Of Larceny In New York