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
The Eleventh Circuit Deals A Significant Blow To Class Action Suits By Eliminating Incentive Awards For Plaintiffs
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
New York State Passes Healthy Terminals Act
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
COVID-19 Employment Litigation Trends
By: Matthew Gagnon, Steve Shardonofsky, Jim 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
Second Circuit Finds Fluctuating Workweek Does Not Require Much Fluctuation
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
Chicago Publishes Fair Workweek Guidance Ahead of July 1 Effective Date
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
Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?
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
Second Circuit Lets Collective Action Proceed Where Class Action Fails
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
Keeping it Local: Another Court Denies FLSA Conditional Certification Due to Lack of Personal Jurisdiction
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
New Jersey Passes Landmark Anti-Wage Theft Law
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