By: Petersen D. Walrod, Kevin M. Young, and Brett C. Bartlett
Seyfarth Synopsis: On July 22, 2026, the U.S. DOL’s Wage & Hour Division (WHD) published two opinion letters addressing when commute time must be paid. In FLSA 2026-9, WHD concludes that “ordinary” commuting time during the workday does not need to be paid. In FLSA 2026-10, WHD
Continue Reading Two Lane Highway: DOL Publishes Two “Dueling” Opinion Letters Regarding the Compensability of Commute Time
Seyfarth Synopsis: The Fifth Circuit recently confirmed that a hybrid compensation arrangement (combining a fixed salary with variable day-rate pay) can qualify as “salary basis” under the Fair Labor Standards Act (“FLSA”). This decision reaffirms that, if done properly, employers can satisfy the salary basis test even when variable pay makes up the bulk of an employee’s total compensation.
Several
Continue Reading Fifth Circuit Confirms That Hybrid Compensation Arrangement Satisfies Salary Basis TestBy: Petersen D. Walrod, Christina Jaremus, and Brett C. Bartlett
Seyfarth Synopsis: On May 28, 2026, the U.S. Department of Labor (DOL) published four new opinion letters, covering situations including: (1) whether an exempt worker may perform non-exempt work; (2) whether a bonus structured as a percent of total earnings needs to include an overtime “true up”; (3) whether
Continue Reading US Department of Labor Publishes Three Pro-Employer, One (Somewhat) Pro-Worker, Opinion LettersBy: Kyle D. Winnick, Robert S. Whitman, and Joseph E. Abboud
Seyfarth Synopsis: The Second Circuit held that courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant is “essentially at home” in the forum state or consents to the suit in that venue.
In a significant decision that will affect the scope of FLSA
Continue Reading Second Circuit Restricts Nationwide FLSA Collective ActionsBy: Petersen D. Walrod and Andrew M. McKinley
Seyfarth Synopsis: On April 23, 2026, the U.S. Department of Labor (“DOL”) published a notice of proposed rulemaking for a new joint employer rule that would set a uniform test for joint employer status for purposes of the Fair Labor Standards Act (“FLSA”), Migrant and Seasonal Workers Protection Act (“MSPA”), and
Continue Reading Same Filling, Different Chocolate Coating – the DOL’s New Proposed Joint Employer RuleBy: Brett Bartlett and Noah Finkel
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 2025 FLSA litigation trends as well as our forward looking predictions for 2026.
Wage and hour litigation and enforcement actions increased in 2025 compared to 2024. Private FLSA actions
Continue Reading Now Available! 2025 FLSA Litigation Metrics & TrendsBy: Noah A. Finkel and Cassandra M. Ficano
Seyfarth Synopsis: It has long been established that, to be enforceable, a release of a FLSA claim must be approved by either the Department of Labor or a court. While courts in the Second and Eleventh Circuits have consistently adhered to this precedent, in recent years, a growing number of courts in
Continue Reading FLSA Releases: When Employers Might Get the Benefit of Their BargainBy: Ralph Culpepper III and Kevin M. Young
Seyfarth Synopsis: In one of its final rulings of 2025, the Eleventh Circuit in Villarino v. Pacesetter Personnel Services, Inc. affirmed summary judgment in favor of a staffing agency, rejecting minimum wage and compensation claims tied to optional van transportation and pre- and post-shift activities. The court held that deductions for use
Continue Reading No Free Rides: Eleventh Circuit Upholds Deductions, and Rejects Wait-Time Claims, for Employer-Provided Vans
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 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