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
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President Biden’s U.S. DOL Seeks To Rescind The Trump DOL’s Worker Classification Rules
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
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Expense Reimbursements in the Era of Remote Working
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
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Ninth Circuit Upholds FMCSA Preemption of California’s Meal and Rest Break Rules For Drivers
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
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It’s Here! Seyfarth’s 20th Edition: Litigating California Wage & Hour Class And PAGA Actions
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
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 and collective action litigation, such
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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 whether Governor Cuomo will sign
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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 on the emerging trends within
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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 (FWW) method for paying overtime
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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 employee. The City recently published
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