Authored by

Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the California Labor Code and Wage Orders. As previously reported on our California Peculiarities Employment Law Blog,
Continue Reading No Break for California Employers This Holiday Season

Authored by Simon L. Yang

As discussed by our Consumer Class Defense Blog, this week’s Supreme Court decision in DirecTV, Inc. v. Imburgia reversed a California Court of Appeal that had applied the California Consumer Legal Remedies Act’s prohibition of class waivers in arbitration agreements. According to the lower court’s decision, an arbitration agreement’s terms—directing application of the “law
Continue Reading Supreme Court Airs Re-Run on Class Waivers in DirecTV But Disappoints Again by Declining PAGA Waiver Programming

Authored by Michael W. Kopp

In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc. v. Bouaphakeo, to address (1) the use of statistical averaging in class actions to prove liability and damages,
Continue Reading Another Watershed Moment for Class Actions? SCOTUS to Address Limits on Statistical Proof in Class and Collective Actions

Co-authored by Kevin Fritz and Jeremy Stewart

Yesterday, the nation’s highest court decided to close the checkout lane on John Catsimatidis when it denied the grocery chain CEO’s petition for certiorari in a case we have been following since last year.  The petition challenged the Second Circuit’s conclusion that Catsimatidis should be held personally, jointly, and severally liable for
Continue Reading Checkout CLOSED: Supreme Court Declines Review of Decision Holding CEO Individually Liable for Wages Owed to Grocery Store Employees

Authored by Alex Passantino

It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

DOL.jpgBy Alex Passantino, Jessica Schauer Lieberman and Arthur Rooney

Those watching the U.S. Department of Labor in recent years have grown used to seeing major policy shifts.  The DOL has issued guidance in the form of “Administrator’s Interpretations,” amicus briefs, and regulations that deviated from or even rejected the views of previous administrations on topics such as the fluctuating
Continue Reading In Its Most Surprising About-Face To Date, DOL Abandons Administrator’s Interpretation and Sides With Employer

Please join us on this blog post on Thursday, March 14 at 10:00 AM ET as we liveblog the Senate HELP Committee’s hearing on “Keeping up with a Changing Economy: Indexing the Minimum Wage.” Seyfarth’s Alexander Passantino, former Acting Administrator and Deputy Administrator of the U.S. Department of Labor’s Wage and Hour Division, will give real-time analysis


Continue Reading Seyfarth Liveblog: Senate HELP Committee Hearing on Minimum Wage

supreme court.jpgAuthored by Patrick Bannon

What does an antitrust case have to do with wage and hour litigation?  Usually, not much, but a case argued before the Supreme Court two weeks ago is an exception.

American Express Co. v. Italian Colors Restaurant is an antitrust case in which American Express seeks to enforce a restaurant’s agreement to arbitrate all disputes on


Continue Reading Individual Arbitration of FLSA Claims and The “Effective Vindication Doctrine”