FLSA

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By: 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 Vans

By: 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 Program

By: 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

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

Seyfarth Synopsis: In March 2024, the Sixth Circuit in Parker v. Battle Creek Pizza, Inc. announced a new standard for assessing vehicle reimbursements under the FLSA. The Sixth Circuit rejected both employees’ requests for the use of the IRS rate and employers’ use of a reasonable approximation of expenses, instead requiring the use of actual expenses. A recent decision from…

Continue Reading Taking a Slice Out of Parker: District Court Rejects Sixth Circuit’s Reimbursement Standard for Pizza Delivery Drivers