By: Kyle D. Winnick and Andrew Simon
Seyfarth Synopsis: The New Jersey Appellate Division held that representative claims under the New Jersey Wage and Hour Law (“WHL”) and Prevailing Wage Act (“PWA”) do not require class certification and established a
By: Phillip J. Ebsworth and Kyle W. Owen
Seyfarth Synopsis: On August 3, 2026, the LWDA issued modifications to its proposed PAGA regulations, clarifying several procedures and making some notable substantive changes. The most notable proposed modifications are briefly
By: Petersen D. Walrod, Kevin M. Young, and Brett C. Bartlett
Seyfarth Synopsis: On July 22, 2026, the U.S. DOL’s Wage & Hour Division (WHD) published two opinion letters addressing when commute time must be paid. In FLSA
Seyfarth Synopsis: The Fifth Circuit recently confirmed that a hybrid compensation arrangement (combining a fixed salary with variable day-rate pay) can qualify as “salary basis” under the Fair Labor Standards Act (“FLSA”). This decision reaffirms that, if done properly, employers
By: Christina Jaremus, Alex Simon, and Noah Finkel
Seyfarth Synopsis: The Fourth Circuit tapped back in right where it left off in its late 2024 decision in Stafford v. Bojangles’ Restaurants, Inc. There, it reversed class certification in a
By: Kyle D. Winnick and Andrew Simon
Seyfarth Synopsis: The District of New Jersey held that performers on a streaming platform are employees under New Jersey law despite being independent contractors under the Fair Labor Standards Act (“FLSA”), underscoring how
By: Petersen D. Walrod, Christina Jaremus, and Brett C. Bartlett
Seyfarth Synopsis: On May 28, 2026, the U.S. Department of Labor (DOL) published four new opinion letters, covering situations including: (1) whether an exempt worker may perform non-exempt work;
By: Gina Gi
Seyfarth Synopsis: The U.S. Supreme Court has resolved a circuit split, holding “last mile” drivers transporting goods within a single state can, but do not necessarily, fall within the transportation worker exemption under section 1 of the
By: Kyle D. Winnick, Robert S. Whitman, and Joseph E. Abboud
Seyfarth Synopsis: The Second Circuit held that courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant is “essentially at home” in the forum state
By: Ariel D. Cudkowicz, Michael E. Steinberg, and Madeline R. Comer
Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate
