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 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
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
Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary tests for evaluating overtime exemptions are valid and do not exceed the Department of Labor’s authority under the Fair Labor Standards Act (“FLSA”).
Robert Mayfield, a Texas-based fast-food purveyor, challenged
Continue Reading Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority