Co-authored by Abigail Cahak and Noah Finkel

Seyfarth Synopsis: The Ninth Circuit has created a circuit split by rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the interpretation is both inconsistent with the regulation and attempts to create a de facto new regulation.

The Ninth Circuit Court of
Continue Reading Ninth Circuit Cooks Up Rejection of Servers’ Claims and Sends DOL’s 20% Tip Credit Rule Back to the Kitchen, Creating Circuit Split

Co-authored by Michael Wahlander and Noah Finkel

It is not every day that multi-million dollar wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar issues. In one, the Court reversed a judgment of more than $18.7 million,
Continue Reading Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

Authored by Kyle Petersen

The facts are familiar:

  • An employee who is classified as exempt files suit claiming misclassification and seeking overtime pay.
  • Understandably, the employer does not have time records for the employee because he was treated as exempt and paid on a salary basis.
  • Employee fills the void by testifying that he worked 60 hours every single week

Continue Reading Put Up or Shut Up: 8th Circuit Shuts Down Overtime Claim Because Plaintiff’s Guestimates of His Hours Worked Are Insufficient

Authored by Jessica Schauer Lieberman

Taking up a question the Supreme Court recently declined to consider, the Eighth Circuit on Friday addressed the types of activities that may start the compensable workday for purposes of the Fair Labor Standards Act.  Specifically, the court held [here] that time spent changing into and out of uniforms could not “begin[]
Continue Reading Dressing the Part Is Not Enough: 8th Circuit Decides That Changing Into Uniforms Does Not Start the “Continuous Workday”

Eight Circuit Seal.jpgCo-authored by Alex Passantino and Louisa Johnson

The Eighth Circuit Court of Appeals recently affirmed a district court’s decision that an employer does not violate the FLSA by strategically defining when its “workweek” begins and ends in the manner that restricts to the largest extent possible the overtime hours its employees will incur.  Abshire v. Redland Energy Services, LLC.

Continue Reading Working for the Weekend . . . Whenever That May Be: Permanent Change to the FLSA Workweek Permissible to Limit Overtime Obligations

Authored by Arthur Rooney

The FLSA makes it unlawful for any person “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted . . . any proceeding” for violations of the FLSA.  29 U.S.C. § 215(a)(3).  Accordingly, employees who file lawsuits against their employer are protected by the FLSA’s

Continue Reading Whether “Informal Complaints” of Wage-Hour Violations Trigger Protection under the FLSA Remains Unclear