By: 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 Ethan Goemann and Noah Finkel

Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic.  One such way the workplace changed is through the introduction of COVID-19 screening tests for employees before they enter their employer’s place of business.  Among other questions this spawned is whether such time

Continue Reading Courts Begin Ruling on Compensability of Covid-19 Screening Time

By: Noah FinkelCamille OlsonScott MalleryAndrew 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 FLSA

By: Christina Jaremus and Noah Finkel

Seyfarth Synopsis:  FLSA practitioners long have been aware that most courts hold that purely private releases of FLSA claims are void, and that a release of an FLSA claim is valid only if approved by the Department of Labor or a court.  A few courts have gone a step further and prohibited parties from
Continue Reading Another Court Rejects The Approval Requirement For Individual FLSA Settlements

By: 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: Robert S. Whitman and Kyle D. Winnick

Seyfarth Synopsis: The Second Circuit held that dismissals without prejudice of FLSA claims are subject to the same judicial or agency scrutiny as dismissals with prejudice of FLSA claims.

Settling Fair Labor Standards Act claims in the Second Circuit just became harder.

In Cheeks v. Freeport Pancake House, the Second Circuit
Continue Reading Second Circuit: Court Review Needed for FLSA Dismissals Even Without Prejudice

By Noah Finkel and Lennon Haas

Seyfarth Synopsis:  Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims under Rule 23 and collective action certification under the FLSA.  In that hybrid environment, litigating FLSA collectives to judgment before addressing Rule 23 certification can saddle employers with the increased exposure of
Continue Reading Third Circuit Puts The Kibosh on Hybrid Hijinks

By: Ariel Fenster and Noah Finkel

Seyfarth Synopsis:  If the gist of a proposed regulation is made final, the 80/20 rule will be back, and with a vengeance.  Employers who take a tip credit for their tipped employees will have to ensure that those employees spend no more than 20 percent of their time in a workweek, and no more
Continue Reading Proposed Tip Credit Regulations Place Further Litigation on the Menu

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