People: Jessica M. Schauer, Associate

Jessica M. Schauer

Associate

Boston
Direct: (617) 946-4952
Fax: (617) 946-4801
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Jessica M. Schauer is an associate in the Boston office of Seyfarth Shaw LLP and a member of the firm’s Labor and Employment Department.  Her practice focuses on the representation of management in wage and hour matters, including litigation and counseling.  Ms. Schauer has significant experience defending wage and hour class and collective actions in federal and state courts concerning a wide range of subject matters including exempt classification, off-the-clock work, joint employment, and application of the minimum wage “tip credit.”  She also represents employers in wage and hour investigations by federal and state administrative agencies.  Ms. Schauer regularly counsels clients on a variety of employment-related legal issues, including compliance with the Fair Labor Standards act and state wage and hour laws, and has considerable experience conducting wage and hour audits.  Ms. Schauer’s wage and hour litigation and counseling experience spans a number of different industries, including the life sciences, professional staffing, retail, hospitality, transportation, and health care industries.

Ms. Schauer has also successfully represented employers in discrimination and harassment claims before administrative agencies and in federal court. 

Jessica M. Schauer is an associate in the Boston office of Seyfarth Shaw LLP and a member of the firm’s Labor and Employment Department.  Her practice focuses on the representation of management in wage and hour matters, including litigation and counseling.  Ms. Schauer has significant experience defending wage and hour class and collective actions in federal and state courts concerning a wide range of subject matters including exempt classification, off-the-clock work, joint employment, and application of the minimum wage “tip credit.”  She also represents employers in wage and hour investigations by federal and state administrative agencies.  Ms. Schauer regularly counsels clients on a variety of employment-related legal issues, including compliance with the Fair Labor Standards act and state wage and hour laws, and has considerable experience conducting wage and hour audits.  Ms. Schauer’s wage and hour litigation and counseling experience spans a number of different industries, including the life sciences, professional staffing, retail, hospitality, transportation, and health care industries.

Ms. Schauer has also successfully represented employers in discrimination and harassment claims before administrative agencies and in federal court. 

Education

  • J.D., Boston College Law School (2007)
    Third World Law Journal, Articles editor
  • B.A., Tufts University (2004)
    magna cum laude

Admissions

  • Massachusetts

Courts

  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the District of Connecticut
  • U.S. Court of Appeals for the First Circuit

Representative Engagements

  • Endo Pharmaceuticals Inc. adv. Quinn, et al., 10-cv-11230 (U.S. District Court, Massachusetts) (defense of allegations that pharmaceutical sales representatives are not exempt as administrative or outside sales employees)
  • United Airlines, Inc. adv. Butcher, et al., No. 09-11681 (U.S. District Court, Massachusetts) (defense of FLSA collective action brought by skycaps alleging failure to pay minimum wage)
  • United Airlines, Inc. adv. Brown, et al., No. 09-11681 (U.S. District Court, Massachusetts) (defense of putative class action brought by skycaps alleging violation of Massachusetts Tips Statute)
  • Boston Medical Center, et al. adv. Manning, et al., 09-cv-11724 and 09-cv-11463 (U.S. District Court, Massachusetts) (defense of hospital against off-the-clock work, RICO, and ERISA claims asserted on behalf of more than 50 categories of non-exempt employees)
  • Representing provider of services and programs for individuals with special needs in defense of putative FLSA collective action alleging misclassification of group home supervisors as exempt.
  • Representing hospital system in defense of claims of off-the clock work, RICO and ERISA claims asserted on behalf of more than 40 categories of non-exempt employees.
  • Representing retailer in national wage and hour multi-district litigation challenging FLSA-exempt classification of store managers; obtained preliminary approval of class-wide settlement.
  • Representing restaurant group in investigation by U.S. Department of Labor concerning alleged overtime violations with respect to workers employed by third-party staffing company.
  • Represented national network of nursing centers and hospitals in putative class and collective action alleging off-the-clock work on behalf of nurses and other non-exempt employees.
  • Represented call center in putative class action alleging nonpayment of wages under company’s bonus plan.
  • Represented national professional staffing firm in misclassification case brought under the FLSA and state law; defeated efforts to obtain class discovery.
  • Represented hotel in investigation by Massachusetts Attorney General concerning alleged overtime violations with respect to housekeeping employees.
  • Represented national restaurant chain in class arbitration challenging restaurant’s tip pooling practices and use of tip credit to pay less than minimum wage.
  • Represented hotel and spa in action pursuant the Massachusetts Tips Statute; obtained final approval of class-wide settlement.

Presentations

  • "Legal Developments Regarding Independent Contractors," Northeast Human Resources Association (NEHRA) Employment Law Update (April 7, 2011)
  • "Wage and Hour Update," Northeast Human Resources Association (NEHRA) Employment Law Update (March 15, 2010)

Publications

  • Co-Author, "The Impact of Dukes on Wage and Hour Collective Actions," ABA Section of Labor & Employment Law, Employment Rights and Responsibilities Committee, Midwinter Meeting (2012)
  • Contributing Author, "Chapter 20 A & B," Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012).  Definitive treatise on wage and hour litigation.
  • Co-author, “Supreme Court Update in Christopher v. SmithKline: Argument Set and Briefs Filed,” The Wage & Hour Litigation Blog, www.wagehourlitigation.com (Feb. 9, 2012)
  • Co-author, “A Steep Learning Curve For Companies That Hire Unpaid Interns,” The Wage & Hour Litigation Blog,  www.wagehourlitigation.com (Feb. 6, 2012)
  • “First Circuit Confirms What Every Bride Knows: Event Planning Requires Discretion and Independent Judgment,” The Wage & Hour Litigation Blog, www.wagehourlitigation.com (Dec. 2, 2011)
  • Co-author, “Death of a ‘Sales’man,” Law360 (Nov. 29, 2011)
  • Co-author, “Supreme Court To Decide Whether Pharmaceutical Sales Representatives Meet The FLSA's Outside Sales Exemption,” The Wage & Hour Litigation Blog,  www.wagehourlitigation.com (Nov. 28, 2011)
  • “Congress Takes A First Step Toward Reevaluation of the FLSA in the Modern Economy; Seyfarth's Richard Alfred Testifies Before Workforce Protections Subcommittee,” The Wage & Hour Litigation Blog, www.wagehourlitigation.com (Jul. 14, 2011)
  • Co-author, “I Lift My Lamp Beside the Minimum Wage Claim: District Court Finds Immigration Status ‘Irrelevant’ to FLSA Case,” The Wage & Hour Litigation Blog, www.wagehourlitigation.com (Apr. 6, 2011)
  • Co-author, “Bay State Baristas Don't Have to Share Tips with Shift Supervisors,” The Wage & Hour Litigation Blog, www.wagehourlitigation.com (Mar. 23, 2011)
  • Co-author, “Ninth Circuit Hands Pharmaceutical Industry Valentine's Day Gift,” The Wage & Hour Litigation Blog, www.wagehourlitigation.com (Feb. 15, 2011)
  • Co-author, “Continuous Confusion:  Defining the Workday in the Modern Economy,” ABA Journal of Labor & Employment Law (Spring 2011)
  • Co-editor, “Massachusetts Peculiarities: An Employer’s Guide to Wage & Hour Law in the Bay State,” Seyfarth Shaw LLP (2010)