Authored by Jeff Glaser
Seyfarth Synopsis: The Eleventh Circuit Court of Appeals cites to the FLSA’s purpose and spirit in upholding the dismissal of a minimum wage and overtime claim brought by a highly paid computer software and hardware engineer.
As we’ve discussed on this blog before, the Supreme Court’s decision in Christopher v SmithKline Beecham Corp.
Continue Reading The Spirit of the FLSA Haunts a Highly Paid Employee
Authored by Alex Passantino
Tomorrow, the Department of Labor’s long-awaited revisions to the Fair Labor Standards Act’s white collar exemption will be announced. Although there certainly will be additional nuance identified once the entire package has been made available, here are the bottom line changes:
Continue Reading They’re Here: White Collar Exemption Revisions Announced
Authored by Hillary J. Massey
Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class certification of such claims because the plaintiffs failed to show that common issues predominated. The court, pointing to other decisions denying
Continue Reading Advising On Their Own: Financial Advisors’ Class Claims Defeated
Authored by Alex Passantino
The Department of Labor has submitted the final overtime rule to OMB for review. Typically, OMB review takes 30 to 60 days. Last year, OMB reviewed the proposed rule for just about 60 days before approving it. On this timetable, DOL is looking at the possibility of a May date for publication of a final rule.
Continue Reading Get Ready!: OT Rules to OMB
Co-authored by Steve Shardonofsky and Ashley Hymel
The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method described in 29 C.F.R § 778.114. The Court distinguished additional hourly-based pay from performance-based bonuses in this
Continue Reading Affirming Common Sense: Appeals Court Rejects Plaintiff’s “Two Rights Make A Wrong” Theory Involving Fluctuating Workweek Method
As our readers know, the laws regarding how, and how much, employers must pay their employees are rapidly evolving. Against this backdrop, we are excited to announce Five on Friday, a new micro-blog series developed by Seyfarth’s Wage & Hour Litigation Practice Group.
Each installment in this weekly series will feature a skilled lawyer or expert who will answer
Continue Reading Introducing Seyfarth’s New Micro-Blog Series, Five on Friday
Authored by Alex Passantino
‘Twas the week before Christmas, 2-0-1-5
When the poetry elves on the blog came alive.
Crafting their rhymes with a purpose so clear:
Presenting the wage-hour gems of the year.
In January, for new regs in this year our breath bated.
Then for six painful months, we speculated and waited.
And just as
Continue Reading I’m Dreaming of a White Collar: 2015 Year in Review
Co-authored by Laura E. Reasons and Noah A. Finkel
BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon.
On Thursday, a judge in the Northern District of Illinois held in Allen v. City of Chicago that the Chicago Police Department (CPD) did not
Continue Reading So What About Those “BlackBerry Claims” We’ve Been Worried About?
Co-authored by Richard Alfred and Kevin Young
Wage and hour litigation continues to soar to record highs. So says the federal judiciary’s most recent data on cases filed in federal court over the last federal fiscal year. After hitting an all-time high of 8,160 in FY14, the annual wage and hour caseload spiked another 7.6%—to 8,781—in
Continue Reading Another Year, Another All-Time High for Wage and Hour Litigation
Co-authored by Richard Alfred, Patrick Bannon, and Daniel Whang
Companies burdened by an avalanche of wage and hour class and collective actions have been hoping that Tyson Foods, Inc. v. Bouaphakeo might be the game-changing decision they have been waiting for. If the oral argument before the Supreme Court this morning is an accurate indication (and it may
Continue Reading Where’s the (Pork)? Justices Sidestep Meatiest Issues at Oral Argument in Tyson Foods