Authored by John P. Phillips
Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court. This case gives the Supreme Court an excellent opportunity to address the proper construction of FLSA exemptions and allow the plain and common
Continue Reading The Ninth Circuit Goes All In. Will the Supreme Court Call?
Co-authored by Rachel M. Hoffer and John Phillips
Seyfarth Synopsis: Vampire Weekend crassly and rhetorically asked us, “Who gives a f*** about an Oxford comma?” As it turns out, lots of people: First Circuit judges, dairy farmers in Maine, truck drivers, your authors—the list goes on.
And when lists go on—as a Maine dairy company recently learned the hard
Continue Reading Comma, Comma, Comma, Comma, Comma Chameleon: Liability Comes and Goes with Oxford Comma
Authored by Hillary J. Massey
Seyfarth Synopsis: It remains to be seen whether the Trump administration will redirect its enforcement priorities away from independent contractor misclassification issues or curtail the applicable standards in the coming years. Because states and plaintiffs’ attorneys likely will continue to aggressively pursue independent contractor matters, employers should consider auditing their independent contractor positions to identify
Continue Reading Independent Contractor Standards Uncertain Despite New Administration
Authored by Kevin Young
Will the Department of Labor’s new overtime rule go into effect? When will a new Secretary of Labor be confirmed? We don’t have the answers just yet, but a lot has happened over the last few weeks to inch us closer. As things heat up, we wanted to update our readers on all the latest.
Where
Continue Reading New Rules, New Secretary? As Spring Inches Closer, We’re Getting Warmer.
Co-authored by Robert S. Whitman and Howard M. Wexler
With employers about to ring in 2017, the New York State Department of Labor—with only two days to spare—has finalized regulations to increase the salary threshold for exempt status. The regulations, originally introduced on October 19, 2016, take effect on December 31, 2016.
Employers were hopeful that the State
Continue Reading NY DOL Approves Regulations to Increase Salary Threshold for Exempt Employees
Authored by Seyfarth’s Wage & Hour Litigation Practice Group
Late Tuesday afternoon, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued an order enjoining the U.S. Department of Labor’s implementation and enforcement of the new overtime exemption rules that were set to go into effect on December 1, 2016. The court granted a
Continue Reading Texas Judge Preliminarily Enjoins New Overtime Exemption Rules Nationwide: What Steps Should Follow?
Authored by Alex Passantino
Seyfarth Synopsis: Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas.
The first lawsuit, citing (among other things) the severe impact the impending salary increase will have on state and local government budgets, was filed by the Attorneys General of Nevada, Texas, and 19 other
Continue Reading Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule
Authored by Rob Whitman
Seyfarth Synopsis: Unpaid interns for Hearst magazines have been rebuffed again in their effort to be declared eligible to receive wages under the FLSA and the New York Labor Law.
In an August 24, 2016 ruling, Judge J. Paul Oetken of the Southern District of New York held that six interns, who worked for Marie
Continue Reading In Final Exam, Court Rejects Hearst Interns’ Pay Claims
Co-authored by Robert Whitman and Adam J. Smiley
Seyfarth Synopsis: Fox Searchlight and Fox Entertainment Group have reached a preliminary settlement with a group of former unpaid interns, possibly resolving the lawsuit that resulted in a Second Circuit decision that redefined the test used to evaluate whether interns are properly classified under the FLSA.
As this blog has previously reported
Continue Reading That’s a Wrap: Fox Reaches Deal with Unpaid Interns
Co-authored by Robert S. Whitman, Howard M. Wexler, and Meredith A. Berger
Seyfarth Synopsis: A district court judge within the Second Circuit held that, in light of Cheeks v. Freeport Pancake House, court or DOL approval is required for a valid dismissal of FLSA claims with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).
Settling FLSA
Continue Reading District Court Turns the Other “Cheeks” on Parties’ Proposed Stipulation of Dismissal