Seyfarth Synopsis: Child labor laws remain fertile ground for government enforcement as evaluate key issues for 2024. Late last year, the Wage Hour Division released guidance for new processes to assess greater penalties...more
2/1/2024
/ Child Labor ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Penalties ,
State and Local Government ,
State Labor Laws ,
Wage & Hour Division (WHD) ,
Wage and Hour
Seyfarth Synopsis: Last week, the U.S. DOL issued a final rule limiting use of the FLSA’s tip credit for tipped employees who sometimes perform non-tipped work. Declining a more flexible approach advocated by many employers...more
Seyfarth Synopsis: Texas Governor Greg Abbott has issued an Executive Order prohibiting public and private employers from requiring employees or customers to receive the COVID-19 vaccine if such individuals object for “any...more
Seyfarth Synopsis: If the gist of a proposed regulation is made final, the 80/20 rule will be back, and with a vengeance. Employers who take a tip credit for their tipped employees will have to ensure that those employees...more
Seyfarth Synopsis. In the final hours of 2020, the U.S. DOL’s Wage & Hour Division issued an opinion letter containing guidance on the compensability of time commuting to the office, or tending to personal matters, for...more
Seyfarth Synopsis: Smoke produced during surgical procedures is carcinogenic and can carry pathogens. Employers who fail to abate surgical smoke hazards may face liability from employee injuries and OSHA citations....more
Seyfarth Synopsis: Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate. Now, the 10th Circuit has jumped into the fray with a decision affirming that a massage...more
11/29/2018
/ Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Massage Therapists ,
Minimum Wage ,
Multi-Factor Test ,
Operator Training ,
Over-Time ,
State Labor Laws ,
Students ,
Unpaid Interns ,
Unpaid Trainee ,
Wage and Hour
Seyfarth Synopsis: A recent decision by the Southern District of New York clarifies common questions arising from the use of the fixed salary for a fluctuating workweek method of compensation (the “FWW”)...more
Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more
3/2/2018
/ Americans with Disabilities Act (ADA) ,
Back Pay ,
Compensatory Damages ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Essential Functions ,
Job Descriptions ,
Physical Presence Test ,
Reasonable Accommodation ,
Telecommuting
Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more
2/13/2018
/ Electronically Stored Information ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Hostile Environment ,
Motion to Dismiss ,
Retaliation ,
Sexual Harassment ,
Telecommunications ,
Text Messages ,
Workplace Romances ,
Wrongful Termination