Wage & Hour Litigation Blog

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Register for Seyfarth’s Webinar — The Biden Administration: Enforcement Actions Affecting Labor & Employment

March 10, 2021

The Biden Administration: Enforcement Actions Affecting Labor & Employment Tuesday, March 23, 2021 – 2:00-3:00 p.m. EST The Biden Administration has gotten off to a busy start with a wide array of executive actions and policy directives. In this webinar, Seyfarth subject matter experts will discuss what employers can expect regarding the enforcement in the areas covered by these directives and how that will effect business moving forward. Register today!…

Wage & Hour Litigation Blog

Is Rounding Now Out To Lunch?

By Seyfarth Shaw LLP

March 1, 2021

By: Jennifer R. Nunez and David D. Kadue Seyfarth Synopsis: In Donohue v. AMN Services, LLC, a class action seeking meal period premium pay, the California Supreme Court reversed the Court of Appeal and held that employers cannot engage in the practice of rounding time punches in the meal period context, and that time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. The Facts Kennedy Donohue was a nurse recruiter for…

Wage & Hour Litigation Blog

Turning of the Tide: Will Congress Ban Mandatory Employment Arbitration?

By Seyfarth Shaw LLP

February 25, 2021

By: Robert S. Whitman and John P. Phillips Seyfarth Synopsis: Arbitration agreements with class and collective action waivers can help employers limit litigation exposure, especially to wage and hour claims. In recent years, however, in light of the “Me Too” movement, state and federal lawmakers have sought to limit or prohibit employment arbitration. Unlike in past years, the make-up of the new Congress, plus a more receptive Presidential administration, means efforts at the federal level…

Wage & Hour Litigation Blog

Certain Per Diem Payments Increase The FLSA Regular Rate

By Seyfarth Shaw LLP

February 16, 2021

By: Amanda Mazin and David D. Kadue Seyfarth Synopsis: The Ninth Circuit has held that a weekly per diem benefit paid by a healthcare staffing agency to its traveling clinicians is a wage that increases the employee’s regular rate used to calculate overtime pay. Clarke v. AMN Services, LLC. Facts Plaintiffs worked as traveling clinicians for a healthcare staffing company. They earned a designated hourly wage, as well as a weekly per diem benefit. They sued…

Wage & Hour Litigation Blog

The Fight For $15 Returns to Congress

By Kevin Young

February 8, 2021

By Kevin M. Young and Scott P. Mallery Seyfarth Synopsis. Democrats in the U.S. House and Senate have reintroduced a bill to increase the federal minimum wage to $15 for virtually all non-exempt workers. While the “Fight For Fifteen” has made several trips to Congress before, the circumstances are much different this time around. While the proposed law likely won’t pass quickly, its enormous potential impacts command attention from the business community. On January 26,…

Wage & Hour Litigation Blog

Did the 7th Circuit Just Provide a New Avenue to Defeat Certification of a State Law Overtime Claim?

By Seyfarth Shaw LLP

February 2, 2021

By: Noah A. Finkel Seyfarth Synopsis: The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is whether joinder of putative class members is practicable, and a factor to consider is how easily the plaintiff could contact those class members for joinder. Because the FLSA’s collective action mechanism makes joinder easy, this ruling suggests…

Wage & Hour Litigation Blog

Policy Matters Podcast – Episode 6: How California’s Controversial Worker Classification Test Could Affect Federal Policy

By Seyfarth Shaw LLP

February 1, 2021

Recorded by Scott Mallery and Eric Lloyd Often, what happens in California is a good bellwether for what could happen in the policy space on a federal level. And we believe worker classification is no different. In this episode of Seyfarth’s Policy Matters Podcast, Counsel Scott Mallery and Partner Eric Lloyd provide an overview of where the law on misclassification at the federal level stands today, the background and impact of AB 5 and AB…

Wage & Hour Litigation Blog

Expense Reimbursements in the Era of Remote Working

By Seyfarth Shaw LLP

January 21, 2021

By: Christina Jaremus, Kyle Petersen, Daniel Small, and Gena Usenheimer Seyfarth Synopsis: The COVID-19 pandemic thrust remote working upon many employers without notice or adequate time to prepare. Now that employees are settling into longer-term remote working arrangements, employers are increasingly confronted with questions regarding their expense reimbursement obligations. Employers are therefore well advised to re-evaluate the scope of potential expenses, legal obligations for reimbursement, and the state of written policies to…

Wage & Hour Litigation Blog

De-Muddying the Waters: WHD Addresses Exempt Status of Account Managers

By Seyfarth Shaw LLP

January 20, 2021

By: Kevin Young Seyfarth Synopsis: On January 8, the U.S. DOL’s Wage & Hour Division issued an opinion letter confirming the exempt status of Account Managers at a life sciences manufacturing company under the FLSA’s administrative exemption. The letter offers useful guidance to employers assessing this notoriously murky exemption, as well as potential ammunition for those defending the exempt status of similar roles. While job title alone does not determine exempt status under the FLSA, certain…

Wage & Hour Litigation Blog

Ninth Circuit Upholds FMCSA Preemption of California’s Meal and Rest Break Rules For Drivers

By Seyfarth Shaw LLP

January 19, 2021

By: Ryan McCoy Seyfarth Synopsis: Following the Federal Motor Carrier Safety Administration’s determination in December 2018 that federal law preempts California’s meal and rest break rules, observers questioned whether California courts would find that the preemption was valid. Shortly after the determination was issued, the State of California and several other groups appealed directly to the Ninth Circuit, arguing the federal agency overstepped had its authority. On January 15, 2021, a panel of the Ninth…

Wage & Hour Litigation Blog

Register for Seyfarth’s Webinar — The Biden Administration: Enforcement Actions Affecting Labor & Employment

Is Rounding Now Out To Lunch?

Turning of the Tide: Will Congress Ban Mandatory Employment Arbitration?

Certain Per Diem Payments Increase The FLSA Regular Rate

The Fight For $15 Returns to Congress

Did the 7th Circuit Just Provide a New Avenue to Defeat Certification of a State Law Overtime Claim?

Policy Matters Podcast – Episode 6: How California’s Controversial Worker Classification Test Could Affect Federal Policy

Expense Reimbursements in the Era of Remote Working

De-Muddying the Waters: WHD Addresses Exempt Status of Account Managers

Ninth Circuit Upholds FMCSA Preemption of California’s Meal and Rest Break Rules For Drivers

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