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

The Biden Administration: Enforcement Actions Affecting Labor & Employment
Tuesday, March 23, 2021 – 2:00-3:00 p.m. EST

The Biden Administration has gotten off to a busy start with a wide array of executive actions and policy directives. In this webinar, Seyfarth subject matter experts will discuss what employers can expect regarding the enforcement in the areas covered by these directives
Continue Reading Register for Seyfarth’s Webinar — The Biden Administration: Enforcement Actions Affecting Labor & Employment

By: Camille A. OlsonRichard B. LappLouisa J. Johnson, and Andrew M. McKinley

With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time job throughout their
Continue Reading US DOL Issues Final Rule on Independent Contractor Status Under the FLSA

By: Noah A. Finkel and Christina Jaremus

Seyfarth Synopsis:  Just before the holidays, the Department of Labor’s Wage-Hour Division issued its final pay regulations governing tipped employees.  The final regulations, which were published December 22, 2020 and will be effective March 1, 2021, provide a ray of hope in what was an otherwise miserable 2020 for hospitality employers.  The
Continue Reading DOL Issues New Tip Regulations: Will 2020 Be The Last Year Of 80/20?

By: Gena Usenheimer, Victoria Vitarelli, and Noah Finkel

Seyfarth Synopsis:  By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair Labor Standards Act.  This potential expansion of coverage of Section 7(i) opens the door for more
Continue Reading What do you call the axing of some DOL Section 7(i) interpretive regs? A good start.

By: Yao Li and Kevin M. Young

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division has entered the final phase of issuing a new rule concerning the fluctuating workweek (FWW) method of compensation under the FLSA. The new rule represents the culmination of a regulatory seesaw that began with a Bush Administration proposal in 2008 that
Continue Reading Fluctuating Workweek + Incentive Pay = No Problem—DOL Sends Final Rule to White House

By: Alex Passantino

Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I addresses the Department’s changes to Part 548 of the regulations, Authorization of Established Basic Rates for Computing Overtime Pay.

In
Continue Reading It’s All About Those Rates (Part I): Basic Rate of Pay

By Alex Passantino

‘Twas the week before Christmas, in a year for the ages.

So here’s our latest recap of hours and wages.

The letters and laws. The regulations and cases.

A year’s worth of matters that impacted workplaces.

We begin up at One First, where SCOTUS debated

A trio of cases


Continue Reading Frosty, the Gig Worker Performing Work Outside the Usual Course of the Hiring Entity’s Business: 2019 Year in Review

Seyfarth Synopsis: In the December 16, 2019, Federal Register, the U.S. Department of Labor’s Wage & Hour Division (WHD) published its final rule clarifying and updating the regulations governing the regular rate requirements under the Fair Labor Standards Act (FLSA).

Generally, the FLSA requires overtime to be paid at a rate that is at least one and one-half times the
Continue Reading WHD Finalizes Regular Rate Regulations

By: Alexander Passantino

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in addition to the fixed salary are compatible with the fluctuating workweek method of compensation, and, in most cases, must be


Continue Reading WHD Proposes Rule on Fluctuating Workweek