Court Puts the Brakes on Overtime for Drivers—No Interstate Trips? No Problem!
The Third Circuit put a screeching halt to the contention that drivers must actually cross state lines to be exempt from overtime under the Motor Carrier Act (“MCA”). In Resch v. Krapf’s Coaches, Inc.,...
View ArticleMLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal...
Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest—a five-day interactive baseball theme park organized in...
View ArticleEighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat
It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same...
View ArticleSo What About Those “BlackBerry Claims” We’ve Been Worried About?
BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon. On Thursday, a judge in the...
View ArticleReports of the Death of the Mootness Maneuver Are Greatly Exaggerated
As noted by this blog on several occasions, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective...
View ArticleU.S. Department of Labor Expansively Defines Joint Employment Under FLSA
On January 20, 2016, the U.S. Department of Labor’s Wage & Hour Division (WHD) issued another Administrator’s Interpretation (the AI or “Guidance”) that it hopes will have a far-ranging impact on...
View ArticleMeowing Dogs and Barking Cats: Supreme Court’s Grant of Cert on Exempt Status...
The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling...
View ArticleLifting the Weight: Conditional Certification Denied for Personal Trainers...
Last week, a federal judge in the Northern District of Illinois lifted the weight of collective action certification off Life Time Fitness, Inc. and refused to certify a proposed collective of more...
View ArticleClassifying a Loan Underwriter is a Risk Worth Taking, Says Sixth Circuit
The demise of bank loan underwriters’ exempt status has been greatly exaggerated—at least according to a recent Sixth Circuit decision upholding the dismissal of a putative collective action against...
View ArticlePlaintiffs’ Bar Sets Sights on New Lawsuits Following DOL Rule Amendments
The Department of Labor’s release of the new exemption regulations appears imminent. As we have reported in a number of posts, these new rules are expected to nearly double the minimum annual salary...
View ArticleAnother Federal Court Thinks the DOL Is Out to Lunch On Tip Credit Rule
Seyfarth Synopsis: New decision from Northern District of Georgia rejects the DOL’s interpretation of the FLSA tip credit law. Holds that the FLSA does not regulate tips received by employees who are...
View ArticleA Fresh Take on the Horizontal Joint Employment Theory: Conditional...
Seyfarth Synopsis: Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises. Earlier this year, the DOL’s Wage-Hour Division...
View ArticleNo Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments...
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit...
View ArticleMandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation:...
Employers have faced questions about the enforceability of arbitration agreements with class and collective action waivers since the NLRB’s highly controversial D.R. Horton decision in 2012, which held...
View ArticleThe Tenth Circuit Takes the DOL Tipping Rule Off the Menu
Seyfarth Synopsis: An unpopular DOL regulation that prohibits employers from retaining customer tips received another blow this summer. The Tenth Circuit joined the Fourth Circuit and several district...
View ArticleMaking A Mountain Of The Administrative/Production Dichotomy Molehill
Seyfarth Synopsis: Earlier this month, the Ninth Circuit chose to side with the Second Circuit, and not the Sixth Circuit, to opine that mortgage underwriters fail to meet the FLSA’s administrative...
View ArticleCan We Finally Retire the Notions of Construing The FLSA’s Overtime...
As our readers saw earlier this week, the Ninth Circuit recently issued a decision in McKeen-Chaplin v. Provident Bank, turning the traditional administrative vs. production dichotomy of the...
View ArticleIt’s a Strange New World in California for the Administrative Exemption
Seyfarth Synopsis: By resurrecting reliance on the administrative/production dichotomy in FLSA administrative exemption cases, the Ninth Circuit is at odds with the California Supreme Court’s...
View ArticleNinth Circuit Cooks Up Rejection of Servers’ Claims and Sends DOL’s 20% Tip...
Seyfarth Synopsis: The Ninth Circuit has created a circuit split by rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the...
View ArticleWill the Supreme Court Finally Remove Doubt That an Employer Can Mandate That...
Seyfarth Synopsis: In the first argument of the first day of its new term, the U.S. Supreme Court will hear oral argument in three cases presenting the issue of whether an employer may require...
View Article
