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
By: Sara E. Fowler and Kevin M. Young
Seyfarth Synopsis: Chicago’s Fair Workweek Ordinance goes into effect on July 1. The law will require covered employers to provide covered employees ten days’ notice of their work schedule. Save for certain exceptions, schedule changes after that time will require payment of “Predictability Pay” to the impacted
By: John G. Yslas and Phillip J. Ebsworth
Seyfarth Synopsis: In acquiring a company in bankruptcy, there is often a tendency to think this guarantees the purchaser will be “free and clear” of any liability (including so-called “successor liability”). This is not necessarily so with wage and hour liability, particularly if the purchaser merely
Seyfarth Synopsis: The Second Circuit has held that the standard for final FLSA collective action certification is less stringent than the standard for class action certification under Rule 23.
Wage-hour litigators have long been familiar with the proposition that a plaintiff’s burden to obtain initial collective action certification under the
Seyfarth Synopsis: Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification because there was no personal jurisdiction over non-Massachusetts entities with respect to the claims of employees who worked outside the state.
As we have discussed previously, several courts have held that plaintiffs in nationwide FLSA
By: Howard M. Wexler and Lisa L. Savadjian
Seyfarth Synopsis: On August 6, 2019, Acting New Jersey Governor Sheila Oliver signed into law A-2903/S-1790, described as an Act “concerning enforcement, penalties, and procedures for law regarding failure to pay wages.” The Act makes a number of critical changes to several New Jersey civil and
By: Jeff Glaser and Katy Smallwood
Seyfarth Synopsis: The Motor Carrier Act exemption to the FLSA (“MCE”) is a powerful defense against overtime claims brought by interstate truck drivers and others involved in the interstate shipment of goods. Importantly, the exemption is not limited to drivers who cross state lines. Instead, numerous courts have made
John Ayers-Mann and Kerry Friedrichs
Seyfarth Synopsis: In a recent decision, the Third Circuit Court of Appeals rebuked a Pennsylvania district court’s skeletal analysis of plaintiffs’ class action claims. Particularly, the court took issue with the district court’s failure to define the classes with sufficient specificity and failure to undertake a rigorous analysis of
It’s the week before Christmas, and in our practice group meeting,
We look back and consider the year that’s completing.
The wage-hour nuggets that earn all our favor,
Wond’ring “Is this the last time I’ll be rhyming ‘class waiver’?”
Because the Supreme Court weighed in and said it is
By: Patrick Bannon and Michael Steinberg
Seyfarth Synopsis: Two recent decisions by federal courts in Massachusetts highlight barriers to litigating FLSA cases on a nationwide basis — including a personal jurisdiction defense that could preclude a nationwide collective in many FLSA cases.
The defendant in the first case was a Fortune 100 company that