Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective...more
12/10/2024
/ Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Off-The-Clock ,
Popular ,
Publix ,
Wage and Hour
The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more
8/28/2024
/ Artificial Intelligence ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Machine Learning ,
New Guidance ,
State Labor Laws ,
Wage and Hour
Seyfarth Synopsis: The New Jersey Supreme Court held that amendments to New Jersey’s Wage and Hour Law and Wage Payment Law that increase employer wage-hour liability are not retroactive....more
5/31/2024
/ Damages ,
Employer Liability Issues ,
Labor Law Violations ,
Labor Reform ,
New Jersey ,
NJ Supreme Court ,
Retroactive Application ,
State Labor Laws ,
Statutory Interpretation ,
Wage and Hour ,
Wage Theft ,
Wages
On April 29, 2024, the U.S. Department of Labor’s Wage and Hour Division released a Field Assistance Bulletin addressing the application of the Fair Labor Standards Act to use of artificial intelligence and other automated...more
Seyfarth Synopsis: Yesterday the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”). The Final...more
1/10/2024
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Wage and Hour
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more
9/11/2023
/ Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Off-The-Clock ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
Seyfarth Synopsis: This latest installment in our series on the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act focuses on proposed changes to the profit-or-loss analysis as it...more
On October 11, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (“NPRM”) defining employee versus independent contractor status under the Fair Labor Standards Act. We previously discussed the way in...more
Seyfarth Synopsis: In Rocha v. U-Haul Co. of Cal., the California Court of Appeal held that a plaintiff asserting a PAGA claim does not have standing to pursue a PAGA claim on behalf of others, if an arbitrator denies the...more
Seyfarth Synopsis: This first part of a multi-part series explores the implications of the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act. Specifically, it focuses on proposed...more
Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement....more
Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing. This case highlights the importance for employers...more
Seyfarth Synopsis: Federal courts within the Second Circuit have held that merely alleging a pay frequency violation under New York Labor Law § 191 is insufficient for standing under Article III of the United States...more
Seyfarth Synopsis: On Monday, the Supreme Court agreed to hear a case addressing whether an employee paid on a day rate and earning over $200,000 a year is entitled to overtime under the FLSA...more
Seyfarth Synopsis: The Second Circuit held that dismissals without prejudice of FLSA claims are subject to the same judicial or agency scrutiny as dismissals with prejudice of FLSA claims....more
Seyfarth Synopsis: On November 9, 2021, the Tenth Circuit issued a ruling beneficial to alleged joint employers in wage and hour lawsuits. The Court held that a customer of staffing agencies could compel arbitration pursuant...more