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FLSA
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Wage & Hour Litigation Blog
Fifth Circuit Confirms That Hybrid Compensation Arrangement Satisfies Salary Basis Test
By Thomas Nguyen, John Phillips
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…
Pennsylvania Labor & Employment Blog
Wage and Hour Division Opinion Letters: A Summertime Roundup
By Austin Wolfe
McNees Summer Associate Wyatt Beddow contributed to this blog post. On May 28th, the Department of Labor’s Wage and Hour Division (WHD) issued several new Opinion Letters, addressing questions about…
Wait A Second!
Second Circuit sustains FLSA verdict
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has sustained a bench verdict in favor of FLSA wage-and-hour plaintiffs who claimed their employer denied them proper wages and then retaliated against them after they…
Class Action Defense Blog
DMCAR Mid-Year Review – 2026/2027: FLSA Conditional Certification Rate Drops, And So Far In 2026 Courts Are Granting Less Class Certification Motions Overall Compared To 2025
By Gerald L. Maatman, Jr. and Jennifer A. Riley Duane Morris Takeaway: In the first half of 2026, across all major types of class actions, courts issued rulings on more than…
HR Law Watch
DOL’s Joint Employer Proposal: What Employers Should Watch Now
By A.C. Estacio-Heilich, Shirley S. Lou-Magnuson, Brian D. Pedrow
On April 22, 2026, the U.S. Department of Labor’s Wage and Hour Division published a Notice of Proposed Rulemaking) that would revise the agency’s analysis for assessing joint employer status…
Who Is My Employee?
Can’t Find This Place on a Map: New Jersey Federal Court Issues Wacky Interpretation of Classification Test
There are several fun X accounts that provide fun facts about maps. Some of my favorites are @amazingmap, @brilliantmaps, and @mapporntweet. There’s also the tongue-in-cheek @terriblemaps, which is also a…
GT L&E Blog
WHD Guidance Clarifies Unpaid Meal Break Compliance Under the FLSA
By Micala Campbell Robinson, Wendy D. Choi
The U.S. Department of Labor's Wage and Hour Division has confirmed that a 30-minute unpaid meal period can remain FLSA-compliant even where employees voluntarily spend part of the break walking…
Labor & Employment Insights
Mixing Exempt and Non-Exempt Work? Here’s What Employers Need to Know
By Stephanie Goldfeld, Jennifer M. Trulock
A recent opinion letter from the U.S. Department of Labor, Wage and Hour Division (WHD), FLSA2026-5, offers a helpful reminder for employers managing exempt classifications — particularly in workplaces where…
The Employer Handbook Blog
Might Your Sign-On Bonus Clawback Create an Overtime Problem? A Federal Court Just Answered.
Sign-on bonuses with clawback provisions are common. Their interaction with overtime pay calculations is not well understood. A federal court in Virginia just issued a ruling that every employer using…
Class Action Defense Blog
The Third Circuit’s FLSA Overtime Gap Time Decision Opens Up Circuit Split
By Gerald L. Maatman, Jr., Rebecca S. Bjork, and Olga A. Romadin Duane Morris Takeaways: On June 3, 2026, addressing an issue of first impression on overtime gap time, the U.S.…