By: Noah Finkel and Scott Hecker

Seyfarth Synopsis:  On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division targeted October 2022 for the release of a Notice of Proposed Rulemaking on
Continue Reading October Surprise? DOL Proposal for Exempt Status Minimum Salary Hike Could be Coming 10/2022

Seyfarth Shaw does it again with the 21st Edition of its annual publication Litigating California Wage & Hour Class And PAGA Actions. This latest iteration continues to be a valuable resource for employers who are navigating the nuances of wage and hour class and PAGA actions in California. As in past editions, the 21st edition covers top legal developments
Continue Reading It’s Here! Seyfarth’s 21st Edition: Litigating California Wage and Hour Class And PAGA Actions

By: Louisa J. Johnson

Today marks two additional efforts by President Biden’s Administration to reverse the Trump Administration’s rulemaking. This time, two U.S. Department of Labor rules that were both published in the Federal Register as final rules before President Biden’s inauguration are in the crosshairs. One of the rules concerns when a company might be deemed a joint employer
Continue Reading President Biden’s U.S. DOL Seeks To Rescind The Trump DOL’s Worker Classification Rules

By: Christina Jaremus, Kyle Petersen, Daniel Small, and Gena Usenheimer

Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are increasingly confronted with questions regarding their expense reimbursement obligations. Employers are therefore well advised to re-evaluate
Continue Reading Expense Reimbursements in the Era of Remote Working

By: Ryan McCoy

Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned whether California courts would find that the preemption was valid.  Shortly after the determination was issued, the State of California and several other groups appealed directly to the Ninth Circuit, arguing the
Continue Reading Ninth Circuit Upholds FMCSA Preemption of California’s Meal and Rest Break Rules For Drivers

Seyfarth Shaw does it again with the 20th Edition of its annual publication Litigating California Wage & Hour Class And PAGA Actions. This latest iteration continues to be a valuable resource for employers who are navigating the nuances of wage and hour class and PAGA actions in California. As in past editions, the 20th edition covers top legal developments
Continue Reading It’s Here! Seyfarth’s 20th Edition: Litigating California Wage & Hour Class And PAGA Actions

By: Gerald L. Maatman, Jr. and Alex S. Oxyer

Seyfarth Synopsis: Incentive awards for class representatives are impermissible, according to a ground-breaking decision last week by the U.S. Court of Appeals for the Eleventh Circuit.  Though not an employment case, the decision is a must-read for class action practitioners handling all varieties of workplace class and collective action litigation, such
Continue Reading The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs

By: Molly Gabel and Samuel Rubinstein

Seyfarth Synopsis: Over a year since it was introduced, the New York State Senate and Assembly recently passed the Healthy Terminals Act.  The Act, among other things, gives the government the authority to set prevailing wages and overtime rates for covered airport workers.  At this time, it is unclear whether Governor Cuomo will sign
Continue Reading New York State Passes Healthy Terminals Act

By: Matthew GagnonSteve ShardonofskyJim Swartz, and Coby Turner

The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis.  Seyfarth has been tracking lawsuits filed in state and federal courts across the country, and will be reporting on the emerging trends within
Continue Reading COVID-19 Employment Litigation Trends

By: Louisa Johnson and Kerry Friedrichs

Seyfarth Synopsis: In its first published ruling on such issues, the U.S. Court of Appeals for the Second Circuit disagreed with some earlier court rulings and, in keeping with the U.S. Department of Labor’s new interpretive rule (taking effect on August 7, 2020), held that the fluctuating workweek (FWW) method for paying overtime
Continue Reading Second Circuit Finds Fluctuating Workweek Does Not Require Much Fluctuation