By: Brett Bartlett and Noah Finkel
As the FLSA landscape continues to evolve, Seyfarth’s national Wage and Hour Litigation Practice Group is pleased to share our observations and analysis of the 2025 FLSA litigation trends as well as our forward looking predictions for 2026.
Wage and hour litigation and enforcement actions increased in 2025 compared to 2024. Private FLSA actions
Continue Reading Now Available! 2025 FLSA Litigation Metrics & TrendsBy: Petersen D. Walrod & Kyle D. Winnick
Seyfarth Synopsis: The U.S. Department of Labor has proposed a new independent contractor rule that would guide courts, companies, and workers in their determinations of who must be paid as an employee and who can be treated as an independent contractor under the FLSA and two other statutes.
After much anticipation, the
Continue Reading DOL Proposes to Readopt the 2021 Independent Contractor Rule with Minor VariationsBy: Noah A. Finkel and Cassandra M. Ficano
Seyfarth Synopsis: It has long been established that, to be enforceable, a release of a FLSA claim must be approved by either the Department of Labor or a court. While courts in the Second and Eleventh Circuits have consistently adhered to this precedent, in recent years, a growing number of courts in
Continue Reading FLSA Releases: When Employers Might Get the Benefit of Their BargainBy: Ralph Culpepper III and Kevin M. Young
Seyfarth Synopsis: In one of its final rulings of 2025, the Eleventh Circuit in Villarino v. Pacesetter Personnel Services, Inc. affirmed summary judgment in favor of a staffing agency, rejecting minimum wage and compensation claims tied to optional van transportation and pre- and post-shift activities. The court held that deductions for use
Continue Reading No Free Rides: Eleventh Circuit Upholds Deductions, and Rejects Wait-Time Claims, for Employer-Provided VansBy: Howard M. Wexler, Kyle D. Winnick, and Kimberly I. Garcia
Seyfarth Synopsis: The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement.
Settling “hybrid” cases in the Third Circuit just became easier for parties asserting claims under both federal and state wage-and-hour laws.
By
Continue Reading Third Circuit Clarifies that FLSA Claims May Be Released by Absent Class Members
Seyfarth Synopsis: A federal district has parted company with two appellate circuits in holding that computer boot-up time is non-compensable under the FLSA.
An all-too-common fact pattern in wage-hour litigation is the non-exempt employee who (i) turns on or wakes up their computer; (ii) enters their username and password; (iii) if they are remote, accesses a VPN and or dual-authentication
Continue Reading Court Gives the Boot to Claim for Time Starting and Logging on to Computers
Seyfarth Synopsis: The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh Circuit declined to adopt either the Swales or Clark standards, employers now will be given an opportunity to demonstrate, through their own
Continue Reading For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard
Seyfarth Synopsis: The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA violations—the renewed program offers potential benefits but comes with conditions and risks that require careful navigation.
On July 24, 2025, the DOL’s Wage and Hour Division (WHD) announced
Continue Reading PAID Back: DOL Revives Voluntary Self-Audit ProgramBy: Shannon Cherney and Lennon Haas
Seyfarth Synopsis: The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to the forum state may not be able to join a lawsuit filed there, even if they share similar claims.
Continue Reading Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation
Seyfarth Synopsis: The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so slowed down resolutions. Going forward WHD investigators are no longer allowed to demand liquidated damages in administrative settlements.
The U.S. DOL‘s Wage and
Continue Reading WHD Makes it Clear: Double Damages are (Liqui)Dated