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

By Annette Tyman, Lawrence Z. Lorber, Jaclyn W. Hamlin, and Brent I. Clark

 

Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of the Executive Order and its implementing regulations. In a
Continue Reading OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging “Blacklisting” Executive Order

By Megan P. Toth and Joshua D. Seidman

Seyfarth Synopsis: In case you missed it, on June 22, 2016, Chicago added itself to the growing roster of many major U.S. cities to pass a Paid Sick Leave Ordinance.  

The Council’s Committee on Workforce Development and Audit passed the Chicago Minimum Wage and Paid Sick Leave Ordinance (“PSLO”), which amends
Continue Reading The Chicago Paid Sick Leave Ordinance is Inevitable

By Brent I. Clark, Benjamin D. Briggs, and Craig B. Simonsen

iStock_000045960778_MediumSeyfarth Synopsis: Even in the face of a collective bargaining agreement the State of Arkansas reconsiders whether employees should be compensated for time they spend putting on and taking off required protective gear.

A divided Arkansas Supreme Court recently ruled that a food manufacturing company violated
Continue Reading Food Manufacturer Found Liable in Donning and Doffing Case

In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action litigation worlds. “Donning and Doffing “ – who knew!

 Another Watershed Moment for Class Actions?  SCOTUS to
Address Limits on Statistical

Continue Reading ELL SCOTUS Series # 3 – Tyson Foods Inc. v. Bouaphakeo

By Erin Dougherty Foley and Craig B. Simonsen

The U.S. Department of Labor (DOL), due to pending litigation, had not begun to enforce the Fair Labor Standards Act (FLSA) final rule on protections relating to most home care workers, which rules had an effective date of January 1, 2015. That litigation has now concluded, and the DOL rule has been
Continue Reading DOL Enforcement of Domestic Service Home Care Worker Employment Compliance Begins November 12, 2015