By: Bradley D. Doucette, Scott P. Mallery, & Noah A. Finkel
Seyfarth Synopsis: A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it might trigger movement throughout the country
Continue Reading A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour WorkweekBy: Andrew McKinley, Kyle Winnick & Alex Simon
Seyfarth Synopsis: This latest installment in our series on the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act focuses on proposed changes to the profit-or-loss analysis as it relates to workers’ investments in their businesses.
A hallmark of independent contractor status is the ability to exercise
Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Investment as Indicative of Profit and LossBy: Annette Idalski, Kyle Winnick, A. Scott Hecker, and Ethan Goemann
Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement.
In Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court considered whether a day-rate employee earning
Continue Reading Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship TestBy: Noah Finkel and Kyle Petersen
Seyfarth Synopsis: The DOL has issued guidance to its staff – that might be relied upon by courts – that any break less than 20 minutes while working from home is compensable time, regardless of the reason for the break.
Especially because this post is being released on a Friday, chances are that you
Continue Reading Not Remotely Helpful: DOL Issues Guidance on Compensability of Teleworking BreaksBy: A. Scott Hecker and Noah A. Finkel
Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division has a number of ambitious rulemakings on the horizon, including a
Continue Reading The Biden Administration Issued Its Latest Regulatory Agenda – What’s on Tap for DOL in 2023?By: Noah Finkel, Camille Olson, Scott Mallery, Andrew McKinley and Kevin Young
Seyfarth Synopsis: Today the U.S. Department of Labor issued its draft new interpretive regulation (or NPRM) attempting to define employee versus independent contractor status under the Fair Labor Standards Act. The NPRM jettisons an earlier attempt under the prior Administration to modernize and simplify how
Continue Reading Meet the New Interpretation, (Pretty Much the) Same as the Old Interpretation: the DOL Proposes Its Own Independent Contractor Definition for the FLSABy: Noah Finkel and Scott Hecker
Seyfarth Synopsis: On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division targeted October 2022 for the release of a Notice of Proposed Rulemaking on
Continue Reading October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022
By: Kyle Winnick & Andrew McKinley
Seyfarth Synopsis: On Monday, the Supreme Court agreed to hear a case addressing whether an employee paid on a day rate and earning over $200,000 a year is entitled to overtime under the FLSA
The U.S. Supreme Court has agreed to hear Helix Energy Solutions Group, Inc. v. Hewitt, a case addressing whether
Continue Reading Supreme Court Agrees to Hear Case Concerning Whether a Highly Paid Supervisor’s Daily Rate is a Salary Under the FLSA
By Lennon Haas and Noah Finkel
Seyfarth Synopsis: Since the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, federal district courts around the country have wrestled with whether they may exercise personal jurisdiction over employers as to FLSA claims brought by people who worked and were paid outside of the forum state. On August 17 and
Continue Reading Sixth and Eighth Circuits Reshape FLSA Collective Action Litigation
By: Andrew McKinley and Eric Lloyd
Seyfarth Synopsis: Today, the U.S. Department of Labor rescinded the final rule entitled “Joint Employment Status Under the Fair Labor Standards Act,” more commonly known as the Joint Employer Rule. This alert provides an overview of the DOL’s action and its impact on employers.
With the growth of the gig economy and in
Continue Reading While Its Appeal Remains Pending, the DOL Rescinds Its Joint Employer Rule as Inconsistent with the FLSA