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 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 Nick A. Lussier and Andrew M. McKinley

Seyfarth Synopsis: On October 13, 2022, the Supreme Court of Virginia analyzed whether individuals may be joint employers under Virginia’s Wage Payment Act. Answering in the negative, the Court held that the statute defined “employer” more narrowly than the FLSA, and thus extended joint employment liability only to entities, not individuals

Continue Reading Supreme Court of Virginia Refuses to Extend Joint Employer Liability to Individuals

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 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