[New York employers should expect heightened scrutiny of their wage-and-hour policies in 2026.]
As we kick off 2026, it is an important reminder for employers that New York is a hotbed for wage-hour issues. The Eastern and Southern Districts of New York consistently see more cases asserting claims under the Fair Labor Standards Act (FLSA) than any other
Continue Reading Wage and Hour Issues for New York Employers in 2026
Seyfarth Synopsis: In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the evidence standard rather than by clear and convincing evidence.
In E.M.D. Sales, Inc., et al. v. Carrera, et al
Continue Reading United States Supreme Court Holds That The Preponderance-Of-The-Evidence Standard Applies to Exemption Defenses Under The Fair Labor Standards Act
Seyfarth Synopsis: Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective certification in a case brought by five alleged representative plaintiffs claiming that they and thousands of others worked off-the-clock in violation of policies expressly prohibiting it. This hallmark
Continue Reading The Facts Matter: Publix Defeats Certification of Off-The-Clock Assistant Manager Claims
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, in-house lawyers, and HR, payroll, and compensation, that
Continue Reading Wage and Hour Around the Corner: DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence
Seyfarth Synopsis: On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated systems in the workplace.
Artificial Intelligence (AI) is seemingly ubiquitous. By 2025, half of Human Resource departments are predicted to use AI in
Continue Reading DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence
Seyfarth Synopsis: Today the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”). The Final Rule jettisons an earlier attempt under the prior Administration to modernize and simplify how to determine who is an employee and who is a contractor by focusing
Continue Reading Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act