Fair Labor Standards Act

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Seyfarth Synopsis: Today, the U.S. Department of Labor rescinded the final rule entitled “Joint Employment Status Under the Fair Labor Standards Act,” more commonly known as the Joint Employer Rule.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

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

By: Andrew McKinley and Louisa Johnson

Seyfarth Synopsis: The U.S. DOL has confirmed that there is no per se violation of the FLSA’s minimum wage requirement when low-wage employees are reimbursed for their use of a personal vehicle at a reasonable rate that is less than the IRS standard mileage rate and clarified that, in many cases, not all vehicle-related
Continue Reading Reasonable, Not Required: DOL Says IRS Mileage Rate Is Not Only Expense Reimbursement Method

By: Ala Salameh

Employees under heightened demands to care for their health and families are using time off and sick leave in record numbers. This has left many employers, particularly those qualified as “essential businesses,” short-staffed in a phase of critical need. To fill the void, employers are contemplating a temporary reshuffle of work assignments including posting exempt employees to
Continue Reading It Is A Global Pandemic, But Is It An FLSA Emergency?

By: Nolan R. Theurer, Ryan McCoy, and Kyle Petersen

Seyfarth Synopsis: Effective April 8, 2020, the Federal Motor Carrier Safety Administration (“FMCSA”) extended an emergency rule suspending “Hours of Service” rules that generally limit the number of hours certain truck drivers can stay on the road.  This marks the first time that the Hours of Service rules, in
Continue Reading Federal Government Suspends Long-Haul Truckers’ Hours of Service Rules To Help Cope With COVID-19 Pandemic

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 Andrew Scroggins and Kerry Friedrichs

Seyfarth Synopsis: Employers around the globe are feeling the impact of coronavirus (COVID-19). Before reducing hours or pay to address health or economic concerns, employers should take heed of federal and state wage-hour laws.

As coronavirus continues to spread around the globe, its economic effects have grown more far-reaching. Some companies are confronting
Continue Reading If Your Remedy For Workplace Coronavirus Issues Affects Pay, Don’t Compound The Harm With A Wage Law Violation

By Louisa Johnson

Seyfarth Synposis: As of March 16, 2020, Colorado’s daily overtime and meal and rest break requirements for non-exempt employees, as well as its different duties and salary level requirements for exempt employees, will apply to all employers who meet the definition of an “employer” under the federal Fair Labor Standards Act.

In the past, many employers have
Continue Reading Rockier Time For Many Employers In Colorado Who Will Soon Be Subject To Daily Overtime and Break Rules and Different White-Collar Exemptions

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