On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more
7/17/2024
/ College Athletes ,
Colleges ,
Educational Institutions ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Name and Likeness ,
NCAA ,
SCOTUS ,
Student Athletes ,
Universities ,
Wage and Hour
Seyfarth Synopsis: Massachusetts municipalities have a lot on their plate. They are large and complex organizations that provide critical services to their constituents in accordance with (often strict) budgets. As cities...more
Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee’s PTO bank for failure to meet clearly defined productivity minimums without violating the...more
In 2008, the Massachusetts legislature cracked down on employers who violate the Commonwealth’s wage laws by imposing mandatory treble damages and attorneys’ fees for any violation, with no leniency for good faith errors. ...more
On December 13, 2021, the Massachusetts Supreme Judicial Court answered longstanding questions about which entities may be jointly responsible for wage violations under Massachusetts law. In Jinks v. Credico (USA) LLC, a...more
Seyfarth Synopsis: The Massachusetts Supreme Judicial Court answered longstanding questions about which entities may be jointly responsible for wage violations under Massachusetts law, and in so doing, highlighted the perils...more
In an attempt to extend the reach of state wage/hour laws to reach more defendants, Plaintiffs’ lawyers have sought to expand the employment relationship in a variety of ways. ...more
Seyfarth Synopsis: On Monday, March 23, 2020, Governor Baker announced increased COVID-19 restrictions on Massachusetts businesses and residents. ...more
Among the most common types of wage and hour lawsuits in Massachusetts are independent contractor misclassification suits. These actions arise when an individual who provides a service claims that: (1) he or she was...more
Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more
Effective July 1, 2018, the Massachusetts Equal Pay Act (the “Act”) requires employers to pay employees of different genders equal wages for comparable work unless the difference in pay is explained by the Act’s enumerated...more
Tip #1: Consider An Arbitration Agreement—With A Class Action Waiver -
Until recently, there has been much debate about the enforceability of arbitration agreements containing class action waivers. Courts disagreed as to...more
Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether...more
Seyfarth Synopsis: Effective April 1, 2018, Massachusetts will expand its anti-discrimination statute to specifically prohibit the discrimination against, refusal to hire, and the termination of individuals due to pregnancy...more
Seyfarth Synopsis: The Massachusetts Department of Criminal Justice Information Services recently amended the provisions of the Commonwealth’s CORI regulations that govern how employers conduct criminal history checks. ...more