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 Young, Brett Bartlett, Scott Hecker, Noah 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 Idalski, Kyle Winnick, A. 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
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
By Romtin Parvaresh and Daniel C. Whang
Seyfarth Synopsis: The U.S. Court of Appeals for the Ninth Circuit recently became the seventh federal appellate court to hold that the standard for “willful” violations under the Family and Medical Leave Act is whether the employer knows or shows reckless disregard for whether its conduct violates the FMLA.
The Ninth Circuit’s
Continue Reading Majority of Federal Courts Now Agree on Standard for Willful Violations of FMLA
By Camille A. Olson, Richard B. Lapp, Louisa J. Johnson, and Andrew M. McKinley
Seyfarth Synopsis: With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time
Continue Reading US DOL Issues Final Rule on Independent Contractor Status Under the FLSA
Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would elevate certain WHD policy guidance into regulation.
The legislative changes come from the Tip Income Protection Act, which was passed as part of
Continue Reading WHD Releases Proposed Rule on Tipped Employees
Seyfarth Synopsis: The U.S. Department of Labor announced its final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the earnings thresholds necessary to exempt executive, administrative or professional employees from the FLSA’s minimum wage and overtime pay requirements. The Department simultaneously announced its formal rescission of the 2016
Continue Reading Part 541 Salary Level Increases to $684/Week