By: Kyle D. Winnick, Robert S. Whitman, and Joseph E. Abboud
Seyfarth Synopsis: The Second Circuit held that courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant is “essentially at home” in the forum state or consents to the suit in that venue.
In a significant decision that will affect the scope of FLSA
Continue Reading Second Circuit Restricts Nationwide FLSA Collective ActionsBy: Petersen D. Walrod and Andrew M. McKinley
Seyfarth Synopsis: On April 23, 2026, the U.S. Department of Labor (“DOL”) published a notice of proposed rulemaking for a new joint employer rule that would set a uniform test for joint employer status for purposes of the Fair Labor Standards Act (“FLSA”), Migrant and Seasonal Workers Protection Act (“MSPA”), and
Continue Reading Same Filling, Different Chocolate Coating – the DOL’s New Proposed Joint Employer RuleBy: Brett Bartlett and Noah Finkel
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 2025 FLSA litigation trends as well as our forward looking predictions for 2026.
Wage and hour litigation and enforcement actions increased in 2025 compared to 2024. Private FLSA actions
Continue Reading Now Available! 2025 FLSA Litigation Metrics & TrendsBy: Gina Gi
Seyfarth Synopsis: The reach of the FAA’s transportation worker exemption remains heavily litigated, particularly as it applies to last-mile delivery drivers. Federal circuits are currently divided on whether such drivers fall within the exemption. The U.S. Supreme Court is poised to resolve the split soon, with its decision expected to have significant ramifications.
The Federal Arbitration
Continue Reading The Transportation Worker Exemption: Current Legal Landscape and the Supreme Court’s Upcoming Review of Last-Mile Delivery DriversBy: Alison Silveira and Natalie Costero
Seyfarth Synopsis: The University of Georgia Athletic Association (“UGAA”) recently filed an application in Georgia state court to compel arbitration against former Georgia defensive end Damon Wilson II. UGAA seeks $390,000 in liquidated damages after Wilson ended his NIL agreement early and transferred to Missouri. This case offers one of the first public looks
Continue Reading When NIL Deals Hit the Transfer Portal: UGAA v. Wilson and What Universities Need to KnowBy: Kelly J. Koelker and Michael E. Steinberg
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
Continue Reading Wage and Hour Around The Corner: To Defer or Not to Defer: That is the Question Facing Lower Fed Courts and States After SCOTUS Decision in Loper Bright
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 & TrendsBy: 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 ExposureBy: 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