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

By Alex Passantino

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

By Alexander J. Passantino

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

By Kristin G. McGurn and Alison H. Silveira

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 home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act. A “registry” is “an
Continue Reading DOL Guidance on Registry Employer Status: Foreshadowing A More Tolerant Independent Contractor Approach

By Ariel D. Fenster and Brett C. Bartlett

Seyfarth Synopsis: The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum Wage Act (FMWA). The court held that the deputies were not entitled to compensation for the
Continue Reading The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time

By Paul Galligan, Gena B. Usenheimer, and Meredith-Anne Berger

Seyfarth Synopsis: Three Republicans from the House of Representatives hailing from states with paid family and sick leave laws have sponsored the Workflex in the 21st Century Act, signaling increasing frustration with the complexities of multi-state compliance. Representatives Mimi Walters of California, Elise Stefanik of New
Continue Reading Proposed National Paid Leave and Flexible Work Options Law Will Preempt State Leave Laws


By Steve Shardonofsky and Kevin A. Fritz

Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may also have questions about how to help their workers get by during this difficult time. After making sure your workers
Continue Reading Practical Advice for Weathering Pay and Leave Issues Following Hurricane Harvey

By Erin Dougherty Foley and Craig B. Simonsen

Seyfarth Synopsis: Employer is caught by WHD investigator instructing its employees to lie during interviews, and provides falsified records, containing whited-out and edited time records, in order to conform to the Federal Fair Labor Standards Act standards.

In a recent opinion, the Tenth Circuit ruled that a restaurant chain instructed its
Continue Reading What NOT To Do in an Investigation – $2 Million Willful Judgment Affirmed Where Employer “Whited-Out” and Edited Time Records

By Steve Shardonofsky and Tiffany T. Tran

iStock_000072969307_MediumSeyfarth Synopsis: In a somewhat rare interlocutory appeal, the Fifth Circuit reviewed and reaffirmed a 40-year old case holding that emotional distress and punitive damages are not available under the ADEA. This decision rejected the EEOC’s own interpretation and is welcomed news for employers doing business in the Fifth Circuit because damages
Continue Reading Fifth Circuit Protects 40-Year-Old Case and Affirms ADEA Limits On Recoverable Damages