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 ClaimsBy: 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 YorkBy: Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies
Continue Reading EEOC and DOL Join Forces – What the Alliance Means for EmployersBy: A. Scott Hecker
As one does, I was recently reading U.S. DOL Wage and Hour Division (“WHD”) Field Assistance Bulletin (“FAB”) 2023-3 regarding “Prohibitions against the shipment of ‘Hot Goods’ under the Child Labor Provisions of the Fair Labor Standards Act.” You may be disappointed to learn that the term “hot goods” does not appear in the FLSA
Continue Reading U.S. DOL’s Wage and Hour Division Says Cool It With The “Hot Goods”By: Robert S. Whitman and Kyle D. Winnick
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will ordinarily not be liable under the FLSA when employees fail to follow a reasonable
Continue Reading Second Circuit Addresses Off-The-Clock WorkBy: Kevin Young, Brett Bartlett, Scott Hecker, Noah Finkel, and Leon Rodriguez
Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is a minimum salary
Continue Reading DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor DayTips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.
By: Ariel Cudkowicz and Michael Steinberg
Seyfarth Synopsis: The Connecticut General Assembly failed to pass a proposal to eliminate the tip
Continue Reading Tips from Seyfarth: Connecticut General Assembly Fails to Pass Tip Credit Elimination BillTips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.
By: Ariel Cudkowicz and Michael Steinberg
Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the
Continue Reading Tips from Seyfarth: Challenge to DOL’s 80/20 Rule Likely to Head Back to the Fifth CircuitBy: A. Scott Hecker and Noah A. Finkel
Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division continues to pursue
Continue Reading The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL Rulemaking, Including on a New Minimum Salary for Exempt Employees?By: Andrew McKinley, Kyle Winnick & Alex Simon
On October 11, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (“NPRM”) defining employee versus independent contractor status under the Fair Labor Standards Act. We previously discussed the way in which the NPRM proposes to shift the analysis of the control factor, particularly as related to legal, safety
Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Control and Scheduling