Third Circuit Court of Appeals

By: Kevin M. Young, Kerry M. Friedrichs, and Ryan McCoy

Seyfarth Synopsis: On Tuesday, the Third Circuit issued a decision rejecting the U.S. DOL’s general position that incentive bonuses paid to employees by a third-party must be factored into overtime pay. While the decision merely endorses a more tempered “it depends” view, it

Co-authored by Howard M. Wexler and Louisa J. Johnson

Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action complaint alleging unpaid meal breaks. Just two days before Thanksgiving, in Babcock et

Authored by Jacob Oslick

Adventuring heroes in fantasy fiction soon learn to fight different types of evil beast differently.  Some must be fought by fire, some by water, some by the sword, and some by magic.  The hero who foolishly treats diverse opponents the same does so at his peril.

The Third Circuit recently taught

green light.bmpAuthored by Kyle Petersen

Last week, in Fisher v. Rite Aid Corp., Case Nos. 11-1684 & 11-11685, the Third Circuit ruled that FLSA opt-in plaintiffs may simultaneously pursue their own parallel state-law Rule 23 opt-out class actions.  In doing so, the court held that Rule 23 opt-out class actions based on state laws that