Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al. represent significant shifts in the standard for court-authorized notice in Fair Labor Standards Act collective actions. Last week, the Eastern District of Wisconsin followed
Continue Reading From Leniency to Scrutiny: The New FLSA Certification LandscapeBy: Alex Simon
Seyfarth Synopsis: The Seventh Circuit held that out-of-state plaintiffs must be dismissed from FLSA collective actions when the court lacks personal jurisdiction over them.
In a 2-1 decision reversing the lower court, the Seventh Circuit last week joined the Third, Sixth, and Eighth circuits in holding that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v.
Continue Reading Seventh Circuit Aligns with Majority on FLSA Nationwide Collective Actions: BMS Applies
Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA.
As readers of this blog, and particularly fans of The Princess Bride, know well, the de minimis doctrine is considered by many to be “mostly dead”
Continue Reading The De Minimis Doctrine Lives to Fight Another DayBy: Alison Silveira and Lilah Wylde
The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes between employers and their workers are around every corner. Wage and Hour Around the Corner is a new blog series for employers, in-house lawyers
Continue Reading Wage and Hour Around the Corner: Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the FLSA
By: Kevin M. Young
Seyfarth Synopsis: With the DOL’s new overtime exemption rule weeks from taking effect, employers must consider the impacts of reclassifying exempt employees. Some potential impacts are obvious, others not so much. Proactive, thoughtful planning is key for employers to navigate these waters for their business and impacted employees alike.
With the U.S. DOL’s final overtime exemption
Continue Reading Ripples in the OT Waters: Considering the Downstream Effects of Reclassifying Exempt Employees
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 2023 FLSA litigation trends as well as our forward-looking predictions for 2024.
Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and
Continue Reading Now Available! Seyfarth Resource – 2023 FLSA Litigation Metrics & TrendsBy Lennon Haas and Noah Finkel
Seyfarth Synopsis: Employers frequently struggle with questions around the compensability of certain activities, classification of employees, and how to structure their policies to avoid Fair Labor Standards Act violations. Getting the answers wrong can be costly. But getting them wrong without making reasonable efforts to comply with the law doubles an employer’s exposure. According
Continue Reading Calling Your Wage and Hour Lawyer Might Save Your Company $22 MillionBy: Kevin Young, Brett Bartlett, Scott Hecker, Noah Finkel, and Leon Rodriguez
Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is a minimum salary
Continue Reading DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor DayBy: Andrew McKinley, Kyle Winnick & Alex Simon
On October 11, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (“NPRM”) defining employee versus independent contractor status under the Fair Labor Standards Act. We previously discussed the way in which the NPRM proposes to shift the analysis of the control factor, particularly as related to legal, safety
Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Control and SchedulingBy: Andrew McKinley
Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from participating in a case. The majority of federal appellate courts have not yet addressed whether arbitration must be addressed before or after notice issues. The Sixth
Continue Reading Sixth Circuit Joins the Chorus of Appellate Decisions Requiring Arbitration to Be Assessed Before FLSA Notice Issues