Fair Labor Standards Act

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

Seyfarth synopsis: Today, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers.

The DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Continue Reading U.S. DOL Releases Final Overtime Rule—Effective July 2024

By: Bradley D. Doucette, Scott P. Mallery, & Noah A. Finkel

Seyfarth Synopsis: A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it might trigger movement throughout the country

Continue Reading A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

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 & Trends

By 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 Million

By: Robert S. Whitman and Kyle D. Winnick

In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work.  In doing so, the Court reaffirmed the principle that employers will ordinarily not be liable under the FLSA when employees fail to follow a reasonable

Continue Reading Second Circuit Addresses Off-The-Clock Work

By: 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 Day

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.


By: Ariel Cudkowicz and Michael Steinberg

Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the

Continue Reading Tips from Seyfarth: Challenge to DOL’s 80/20 Rule Likely to Head Back to the Fifth Circuit

By: Andrew McKinley, Kyle Winnick & Alex Simon

Seyfarth Synopsis: This latest installment in our series on the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act focuses on proposed changes to the profit-or-loss analysis as it relates to workers’ investments in their businesses.

A hallmark of independent contractor status is the ability to exercise

Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Investment as Indicative of Profit and Loss

By: 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 Scheduling