By: Phillip J. Ebsworth and Sofya Perelshteyn
Seyfarth Synopsis: Second Appellate District affirmed the ruling in a PAGA bench trial finding that the employer’s pay plan was lawful and that the PAGA notice did not include the facts and theories
Latest from Wage & Hour Litigation Blog - Page 3
Third Circuit Clarifies that FLSA Claims May Be Released by Absent Class Members
By: Howard M. Wexler, Kyle D. Winnick, and Kimberly I. Garcia
Seyfarth Synopsis: The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement.
Settling “hybrid”
PAGA Paraphrased – Galarsa v. Dolgen California, LLC
Seyfarth Synopsis: The Fifth District Court of Appeal reaffirmed its earlier holding in CRST Expedited, Inc. v. Superior Court that plaintiffs can bring “headless” PAGA actions—claims seeking civil penalties solely for Labor Code violations suffered by other employees.
In Galarsa
When Washington Goes Dark: What Federal Contractors Need to Know About the Shutdown
By: Hillary Massey, Kyle A. Petersen, and Molly C. Mooney
Seyfarth Synopsis: The federal government has now shutdown as of midnight on Wednesday, October 1, 2025 with no money flowing to fund non-essential services. Private-sector employers with federal
Court Gives the Boot to Claim for Time Starting and Logging on to Computers
Seyfarth Synopsis: A federal district has parted company with two appellate circuits in holding that computer boot-up time is non-compensable under the FLSA.
An all-too-common fact pattern in wage-hour litigation is the non-exempt employee who (i) turns on or wakes
For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard
Seyfarth Synopsis: The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh Circuit declined to
PAID Back: DOL Revives Voluntary Self-Audit Program
Seyfarth Synopsis: The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA violations—the renewed program offers potential benefits but comes
PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.
By: Phillip J. Ebsworth and Paul J. Leaf
Seyfarth Synopsis: The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations
Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation
By: Shannon Cherney and Lennon Haas
Seyfarth Synopsis: The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection
1 Big Bill + 2 New Deductions = Multiple New Challenges
Seyfarth Synopsis: The freshly enacted “One Big Beautiful Bill” introduces two above-the-line tax deductions for tips and overtime wages. While these deductions offer potential savings for eligible workers, they come with new compliance obligations and nuanced legal considerations that employers