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 WorkBy Steve Shardonofsky and Tiffany T. Tran
Seyfarth 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 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