By Bradley D. DoucetteScott P. Mallery, and Noah A. Finkel

Seyfarth Synopsis: A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it might trigger movement throughout the country

Continue Reading A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

As the FLSA landscape continues to evolve, Seyfarth’s national Wage and Hour Litigation practice group is pleased to share our observations and analysis of the 2023 FLSA litigation trends as well as our forward-looking predictions for 2024.

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and

Continue Reading Now Available! Seyfarth Resource – 2023 FLSA Litigation Metrics & Trends

Cost

There is no cost to attend, however, registration is required. 

REGISTER HERE

Thursday, February 29, 2024
3:00 p.m. to 4:00 p.m. Eastern
2:00 p.m. to 3:00 p.m. Central
1:00 p.m. to 2:00 p.m. Mountain
12:00 p.m. to 1:00 p.m. Pacific


About the Program

On January 10, 2024, the Department of Labor issued their Final Rule retreating from its prior

Continue Reading Webinar: What Businesses Need to Know About the DOL’s New FLSA Independent Contractor Rule

By Andrew M. McKinley and Kyle D. Winnick

Seyfarth Synopsis:  This week 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 Rule jettisons an earlier attempt under the prior Administration to modernize and simplify how to determine who is

Continue Reading Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act

By Valerie L .Rodriguez and Catherine M. Dacre

Seyfarth Synopsis:  The Supreme Court’s decision in Iqbal on the requirement of specificity in pleading provided the guidance that “determining whether a plausible claim has been pled is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Ashcroft v. Iqbal, 556 U.S. 662, 663-64

Continue Reading FLSA Pleading:  Mathematical Precision Not Required

By Robert S. Whitman and Kyle D. Winnick

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 ordinarily not be liable under the FLSA when employees fail to follow a reasonable

Continue Reading Second Circuit Addresses Off-The-Clock Work

By Kevin YoungBrett BartlettScott HeckerNoah Finkel, and Leon Rodriguez

Seyfarth Synopsis: Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is

Continue Reading DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

By Annette IdalskiKyle WinnickA. Scott Hecker, and Ethan Goemann

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.

In Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court considered whether a day-rate employee

Continue Reading Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test

Seyfarth Synopsis: Hey, look what our very impressive colleagues in the Wage & Hour Group have made available. Everything you ever wanted to know (and a bunch of stuff you should, but didn’t know) about the FLSA is now available in one book. Order yours today!

The Seyfarth Shaw Wage Hour Litigation Practice Group is pleased to provide you
Continue Reading Now Available! FLSA Handbook February 2021

By Noah A. Finkel

Seyfarth Synopsis:  The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is whether joinder of putative class members is practicable, and a factor to consider is how easily the plaintiff could contact those

Continue Reading Did the 7th Circuit Just Provide a New Avenue to Defeat Certification of a State Law Overtime Claim?