Michael Fucci

Firm/Organization: Seyfarth Shaw LLP

Blogs: ADA Title III, California Peculiarities Employment Law Blog, EEOC Year-End Countdown, Employer Labor Relations, Employment Law Lookout, ERISA & Employee Benefits Litigation Blog, Trading Secrets, Wage & Hour Litigation Blog, Workplace Class Action Blog, Workplace Safety and Environmental Law Alert Blog

Latest Articles

California Peculiarities Employment Law Blog

California’s “Naming and Shaming” Gender Pay Bill is Toast, But Pay Equity Headaches Remain: Tomorrow’s Free Webinar on Pay Equity Laws

By Michael Fucci on October 24, 2017

Seyfarth Synopsis: California Governor Jerry Brown recently vetoed the Gender Pay Gap Transparency Act (AB 1209), which would have required California employers to produce pay data, without consideration of legitimate reasons for differences in pay, to the Secretary of State, who then would publish the data on the internet. Read about this development in a recent post to Seyfarth’s Pay Equity Issues and Insights Blog. Salary History Webinar tomorrow: For further discussion about…

ADA Title III

New Regulation Setting Federal Agency Website Standard Published, Setting Compliance Deadline

By Michael Fucci on January 19, 2017

By: ADA Title III Editorial Board Seyfarth Synopsis: Final Rule Setting WCAG 2.0 AA as the Federal Agency Website Standard Published in Federal Register, Triggering Compliance Deadline of January 18, 2018. Last week we reported that the Access Board announced a final rule, under the authority of Section 508 of the Rehabilitation Act, requiring the websites and electronic content of federal agencies to conform to WCAG 2.0 AA within one year of the date…

Wage & Hour Litigation Blog

No Break for California Employers This Holiday Season

By Michael Fucci on December 27, 2016

Authored by Kerry McCoy Friedrichs Seyfarth Synopsis: In what many employers will see as a “break” from workplace reality, the Supreme Court, in Augustus v. ABM Security Services, Inc., announced that certain “on call” rest periods do not comply with the California Labor Code and Wage Orders. As previously reported on our , this decision presents significant practical challenges for employers in industries where employees must respond to exigent circumstances.…

Wage & Hour Litigation Blog

Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch

By Michael Fucci on December 23, 2016

Co-authored by Steve Shardonofsky and Tiffany Tran Resolving a split in the lower courts and deciding an issue of first impression for the Court, the Fifth Circuit earlier this week held that prevailing plaintiffs in FLSA retaliation cases may recover emotional distress damages. While perhaps not unexpected, since the result joins with the majority rule in other Circuits, the outcome means that the costs to litigate these claims and the potential exposure may increase dramatically by…

Wage & Hour Litigation Blog

Regulatory Wassailing: 2016 Year in Review

By Michael Fucci on December 21, 2016

Authored by Alex Passantino It’s the week before Christmas; ’16’s nearly done. As we sit back and ponder the Year of 541. The journey’s been long; it’s taken some time. What’s happened thus far? Let us tell you in rhyme. As the year drew anew, we sat with breath bated, While within DOL they discussed and debated. “Should we take our proposal and set it on fire?” “Take the percentage of time test and…

Wage & Hour Litigation Blog

Opt Ins are Out (of Luck) Appealing Decertification

By Michael Fucci on December 5, 2016

Authored by Michael Kopp With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of first impression in Halle v. West Penn Allegheny Health System, Inc. that opt-in plaintiffs have no right to appeal decertification. The decision is important for three reasons. First, it offers a road block against the…

Wage & Hour Litigation Blog

Texas Judge Preliminarily Enjoins New Overtime Exemption Rules Nationwide: What Steps Should Follow?

By Michael Fucci on November 22, 2016

Authored by Seyfarth’s Wage & Hour Litigation Practice Group Late Tuesday afternoon, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas issued an order enjoining the U.S. Department of Labor’s implementation and enforcement of the new overtime exemption rules that were set to go into effect on December 1, 2016. The court granted a motion for preliminary injunction filed by the attorneys general of 22 states, in which the…

Wage & Hour Litigation Blog

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

By Michael Fucci on October 26, 2016

Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were misclassified as independent contractors. Co-authored by Robert S. Whitman and Howard M. Wexler As wage and hour “gurus” are aware, the “mantra” of most federal and state agencies these days is a restrictive view of independent contractor status. Accordingly, in a rare…

California Peculiarities Employment Law Blog

Dear Readers:

By Michael Fucci on October 5, 2016

We are delighted to announce that yours truly—Seyfarth’s beloved CalPeculiarities Employment Law Blog—has just won a place among the Top 100 Legal Blogs on the web. We are humbled by this honor, and know we owe it to you: the readers who keep us on our toes! We are extremely grateful for your continued support. Please continue to let us know how we can serve you best! The CalPecs Blog Team…

Wage & Hour Litigation Blog

Agree to Arbitrate Representative Issues Much?

By Michael Fucci on October 4, 2016

Authored by Simon L. Yang Seyfarth Synopsis: When the California Supreme Court said no to PAGA waivers in its 2014 Iskanian ruling, we asked whether employers would boldly go where few have gone before and implement arbitration agreements requiring arbitration of PAGA claims. A recent California Court of Appeal decision issued in Perez v. U-Haul Company of California warrants revisiting that question. Many employers stayed the course in 2014 and continued including PAGA waivers within…

Michael Fucci

California’s “Naming and Shaming” Gender Pay Bill is Toast, But Pay Equity Headaches Remain: Tomorrow’s Free Webinar on Pay Equity Laws

New Regulation Setting Federal Agency Website Standard Published, Setting Compliance Deadline

No Break for California Employers This Holiday Season

Fifth Circuit Approves Emotional Distress Damages and Invites FLSA Retaliation Plaintiffs to Sit on Freudian Couch

Regulatory Wassailing: 2016 Year in Review

Opt Ins are Out (of Luck) Appealing Decertification

Texas Judge Preliminarily Enjoins New Overtime Exemption Rules Nationwide: What Steps Should Follow?

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

Dear Readers:

Agree to Arbitrate Representative Issues Much?

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