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By Alex Simon and Kyle Petersen

Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions.

When this Blog wrote two weeks ago, “Swales, Clark, and Laverenz pave the way for additional district and appellate courts to depart…

Continue Reading The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the Standard for Sending Court-Authorized Notice to Potential Plaintiffs in Collective Actions
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By Kyle D. Winnick and Lennon B. Haas

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 between employers and their workers are around every corner. Wage and Hour Around the Corner is a new blog series for employers…

Continue Reading Wage and Hour Around the Corner: DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

By Jacob J. Roes and Noah A. Finkel

Seyfarth Synopsis: While reversing a grant of summary judgment in favor of an employer based on the de minimis doctrine, the Ninth Circuit held that the doctrine still can apply under the FLSA.

As readers of this blog, and particularly fans of The Princess Bride, know well, the de minimis …

Continue Reading The De Minimis Doctrine Lives to Fight Another Day

By Kyle D. Winnick and Howard M. Wexler

Seyfarth Synopsis: 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 systems in the workplace.

Artificial Intelligence (AI) is seemingly ubiquitous.  By 2025, half of Human…

Continue Reading DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence
flsa

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

Seyfarth Synopsis: About the Program – Much has happened in the 10 years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective and Class Litigation treatise. We are excited to continue our informative webinar series to discuss—in bite-sized increments—the past decade’s most important changes to the federal and state employee pay litigation…

Continue Reading Webinar: Session 6: Independent Contractor and Joint Employment Developments

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 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