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Articles by Michael E. Steinberg
Tips From Seyfarth: Florida Expands Disclosure Requirements For Automatic Charges
Seyfarth Shaw LLP are most popular: within Compliance topic(s) 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 wage and hour compliance “tips” to keep this busy industry informed. Seyfarth Synopsis: Effective July 1, 2026, all Florida food establishments must disclose any mandatory fee, not just automatic gratuities, on both the menu and bill.
Wage And Hour Around The Corner: To Defer Or Not To Defer: That Is The Question Facing Lower Fed Courts And States After SCOTUS Decision In Loper Bright
The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes between employers and their workers are around every corner.
Finding Religion On A Motion To Dismiss: Federal Court Concludes That Plaintiff's Secular Concerns About COVID Vaccines Do Not Foreclose Religious Discrimination Claims
Seyfarth Synopsis: In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff's allegations of religious conflict with vaccination are sufficient to survive a motion to dismiss even when religious motives are coupled with secular concerns over vaccine safety.
Del Rio v. Amazon.com.dec.llc – CourtListener.com
23-1337 Del Rio, et al. v. Amazon.com.dec.llc, et al. In the United States Court of Appeals for the Second Circuit August Term 2024 Argued: September 10, 2024 Decided: March 17, 2025 No. 23-1337 JAVIER DEL RIO, COLIN MEUNIER, AND AARON DELAROCHE, ON BEHALF OF THEMSELVES AND OTHER SIMILARLY SITUATED EMPLOYEES, Plaintiffs-Appellants, v. AMAZON.COM.DEDC, LLC, AMAZON.COM, INC., AMAZON.COM SERVICES, LLC, Defendants-Appellees, AMAZON.COM SERVICES, INC., Defendant.
SCOTUS Argument Recap: Court Appears Likely to Eliminate Heightened Prima Facie Burden for Majority Group Plaintiffs Under Title VII
Seyfarth Synopsis: In a recent oral argument, the Justices seemed largely aligned with the plaintiff’s position that majority and historically disadvantaged groups should face the same prima facie test under Title VII. As Seyfarth previewed in its recent SCOTUS Employment Law Roundup, on February 26, 2025, the Supreme Court has heard oral argument in Ames v. Ohio Department of Youth Services.
Finding Religion on a Motion to Dismiss: Federal Court Concludes that Plaintiff’s Secular Concerns About COVID Vaccines Do Not Foreclose Religious Discrimination Claims
Seyfarth Synopsis: In a dispute over workplace vaccination requirements, a federal district court in Oregon joined a growing trend in workplace vaccination litigation when it ruled that a plaintiff’s allegations of religious conflict with vaccination are sufficient to survive a motion to dismiss even when religious motives are coupled with secular concerns over vaccine safety.
Decoding Appeals, Episode 3: Life Cycle Of A SCOTUS Appeal (Video)
Welcome to Decoding Appeals, where Seyfarth's Appellate Team brings you insights and expertise from the front lines of the courtroom. Throughout this short video series, we break down the nuances of appellate advocacy, sharing tips and lessons we've learned to help you navigate the complexities of the appeals process. In this third episode, host Michael Steinberg sits down with guest Chris Robertson to give viewers an insider's look at the Supreme Court appeal process.
Employment and HR
Seyfarth's Ariel Cudkowicz and Michael Steinberg co-authored an article, "EXPERT INSIGHTS—TIPS FROM SEYFARTH: IN A MAJOR WIN FOR RESTAURANTS, FIFTH CIRCUIT VACATES DOL'S 80/20 RULE," inThomson Reuters' Westlaw Todayon September 3. The Seyfarth attorneys discussed the impact of the Fifth Circuit striking down the Department of Labor's December 2021 regulation codifying the DOL's longstanding "80/20 rule" regarding gratuities.
Employment and HR
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 wage and hour compliance "tips" to keep this busy industry informed. Seyfarth Synopsis: In a unanimous decision, a panel of the Fifth Circuit invalidated the DOL's 2021 rule codifying the 80/20 rule.
In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule
Seyfarth Synopsis: In a unanimous decision, a panel of the Fifth Circuit invalidated the DOL’s 2021 rule codifying the 80/20 rule.
Argument Update: Fifth Circuit Panel Seems Poised To Vacate DOL's 2021 80/20 Rule
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 wage and hour compliance "tips" to keep this busy industry informed. Seyfarth Synopsis: During oral argument on April 29, 2024, a panel of the Fifth Circuit appeared poised to vacate the DOL's 2021 80/20 Rule.
Upcoming Webinar: Time Well Spent Session 4: Arbitration of Wage-Hour Claims
By Patrick J. Bannon, Daniel C. Whang, Kelly J. Koelker, and Michael E. Steinberg Seyfarth Synopsis: About the Program – A lot has happened in the 10 years since our national Wage and Hour Litigation Practice Group wrote ALM’s authoritative Wage & Hour Collective and Class Litigation treatise. We are excited to launch our informative webinar series to discuss—in bite-sized increments—the past decade’s most important changes to the state and federal employee pay litigation landscape.
Legislative Update: Colorado Proposes New Rules For Tipped Workers, And More State And Local Efforts To Eliminate The Tip Credit
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 wage and hour compliance "tips" to keep this busy industry informed. Seyfarth Synopsis: Proposed New Rules Under Colorado's Overtime & Minimum Pay Standards Order Would Narrow Employers' Use of the Tip Credit and Tip Pools.
Legislative Update: Colorado Proposes New Rules for Tipped Workers, and More State and Local Efforts to Eliminate the Tip Credit
Seyfarth Synopsis: Proposed New Rules Under Colorado’s Overtime & Minimum Pay Standards Order Would Narrow Employers’ Use of the Tip Credit and Tip Pools. Meanwhile, Chicago eliminates its tip credit, while state and local efforts to eliminate the tip credit proliferate across the U.S. Here at TIPS, we’re keeping track of the flurry of legislation making its way through state houses and municipal governments all across the country, in which states and localities seek to eliminate the tip credit.
Tips From Seyfarth: Challenge To DOL's 80/20 Rule Heads Back To The Fifth Circuit
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 wage and hour compliance "tips" to keep this busy industry informed.
Tips From Seyfarth: Challenge To DOL's 80/20 Rule Likely To Head Back To The Fifth Circuit - Employee Benefits & Compensation - United States
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 wage and hour compliance "tips" to keep this busy industry informed. Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the validity of the Department of Labor's 2021 regulation codifying the 80/20 rule, raising the possibility of another appeal.
Numerosity Killed The Class Action: Third Circuit Vacates Certification Of Another ADA Title III Class
Seyfarth Synopsis: For the second time in four years, the Third Circuit has reversed a trial court's certification of a nationwide Title III class on numerosity grounds, applying a demanding standard that will be hard for plaintiffs to meet in future cases. The nationwide, corporate-wide class action under Rule 23 has long been a popular tool of the Title III plaintiffs' bar.
Retail On Wheels & Selling In Someone Else's Store: DOL Clarifies Application Of The Outside Sales Exemption In Unique Settings
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Businesses Get Early Victory In Lawsuit Demanding Braille Gift Cards
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent To Employees With Valid Arbitration Agreements
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
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