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Category Archives: Class Actions

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Conditional Certification Granted In Zales FLSA Collective Action: The Danger of a Uniform Practice

Posted in Class Actions, Working Time

There is no industry or business that is immune to FLSA collective actions.  One might think that the a “high end” jewelry business would not be hit with such a suit, but a California federal judge has just certified a class of Zales employees who have alleged that their employer did not pay overtime properly;… Continue Reading

Miami Vice: Numerous FLSA Actions Are Filed In Florida

Posted in Class Actions

Although there are FLSA actions brought all over the country, the statistics show that the Southern District of Florida is the (dubious) leader in such suits.  Commentators attribute this disproportionate number to the “pervasive” existence of unsophisticated small businesses employing immigrant workers and, importantly, a skilled and aggressive plaintiffs’ bar that are knowledgeable in FLSA… Continue Reading

Franchise Store Hit With Class Action: Can The “Parent” Be Brought In?

Posted in Class Actions

I have blogged about many off-the-clock cases; they can be troublesome to defend, especially in the absence of accurate time records.  Another example has emerged.  Three former employees of a 7-Eleven store have filed a proposed class action alleging the franchise unlawfully withheld overtime pay for hours beyond forty (40) and then retaliated against them… Continue Reading

Bank Underwriters Fall Within Administrative Exemption: The Tension Between Use of Skill and Experience and Discretion/Independent Judgment

Posted in Class Actions, Exemptions

The grayest of the white collar exemptions (as I often have said) is the administrative.  In a 2-1 decision, the Sixth Circuit has again proven the truth of this maxim.  The Court upheld a district court dismissal of a FLSA class action in which underwriters working for a bank alleged that they were misclassified as… Continue Reading

Law Firm Settles Administrative Exemption Case: What Is “White Collar Production Work?”

Posted in Class Actions, Exemptions

This one is an interesting case.  A law firm, Morgan & Morgan, PLLC has just settled a class action arising from within its own house.  The law firm classified employees titled Case Managers as exempt.  The employees sued, claiming misclassification. Now, in a joint motion the law firm and employees have asked a federal judge… Continue Reading

Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors

Posted in Class Actions, Exemptions

The vast majority of FLSA class actions result in settlements, as few employers, frankly, are hardy enough to go to trial and risk even more.  An interesting settlement has just been announced.  A putative class of casino workers and the Company have requested that a federal court grant preliminary approval to a settlement that resolves… Continue Reading

Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions

Posted in Class Actions

I have myself successfully utilized the Offer of Judgment procedure in FLSA cases and often blogged about these so-called “pick off” actions.  Now the Supreme Court has weighed in.  The Court has (perhaps) dealt a significant blow to the ability of class action defendants to “pick off” named plaintiffs by offering them complete relief for… Continue Reading

The Magic Bullet: Need For Individual Analysis Dooms FLSA Collective Action Motion for Certification

Posted in Class Actions, Overtime Issues

Some months back, I blogged about a FLSA class action filed against Life Time Fitness based on a theory that personal trainers were compelled to work off-the-clock and were not paid.  Well, a federal judge has just denied the motion to conditionally certify a proposed class of personal trainers and instructors.  The Judge found that… Continue Reading

Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?

Posted in Class Actions, Exemptions, State Wage & Hour Laws

Here is another exemption misclassification lawsuit, but this time coming from a different angle.  This time, it is a group of human resources employees who work for Lowe’s have filed a putative class action on the theory that they were misclassified as managers and are thus entitled to overtime.  This is very dangerous because the… Continue Reading

FLSA Lawsuit Against Quest Diagnostics Alleges Failure To Include Non-Discretionary Bonuses In Regular Rate

Posted in Class Actions, Overtime Issues

When employers calculate overtime, and what the regular rate will be for the overtime, they must ensure that they include all “extra” payments, like commissions, or earned or promised bonuses, when they pay the overtime.  Failure to do so is a violation of the Fair Labor Standards Act.  To prove the point (hopefully not!), Quest… Continue Reading

It’s Playoff Time For the Buffalo Jills: Cheerleaders Claim They Are Not Independent Contractors

Posted in Class Actions, Independent Contractor, Overtime Issues

There is, as we all know, an insane amount of litigation on independent contractor issues.  These controversies can emanate from any industry and there is no business that is immune to these allegations.  Case in point.  A judge in New York State has just granted class certification to a class of cheerleaders for the Buffalo… Continue Reading

Judge Denies Class Certification Motion In Goodyear Suit: No Common Issues Exist!

Posted in Class Actions, Overtime Issues

I often (happily) blog about employer victories in defeating efforts of plaintiffs to secure conditional certification in FLSA overtime cases.  Well, another victory has come down the pike.  A federal judge has just denied a motion for conditional certification, finding (as is often the case) that common issues among the putative class did not predominate. … Continue Reading

A Great Victory! Federal Judge Rules Against Plaintiffs In Off-Duty BlackBerry Use Trial

Posted in Class Actions, Overtime Issues, Working Time

I have followed this case closely for some time,  I blogged in September that I thought the City of Chicago had positioned itself in the most favorable position, with the policies and procedures it had implemented, to win this very large class action.  It seems I was right.  The federal district court judge has ruled that… Continue Reading

Ho, Hum: The Number of Wage Suits Rises Again.

Posted in Class Actions, Independent Contractor, Overtime Issues, Working Time

Guess what?  Wage suits are increasing.  Hardly a surprise.  A recent study shows that wage-hour lawsuits were up about 8 percent over last year, which may stem (in part) from the recent USDOL initiatives on revising the FLSA exemption regulations and its “white paper” on independent contractor issues.  There is also the problem with applying… Continue Reading

NJ Judge Denies Class Arbitration of OT Claims Because Agreement Was Silent on the Issue

Posted in Class Actions, Overtime Issues

A major issue of recent vintage in wage hour litigation is whether workers must arbitrate their claims individually, as opposed to pursuing class actions, whether in an arbitration forum or in court.  The doctrine favoring arbitration was just given another boost, as Robert Half International Inc. has won a motion to keep worker overtime claims… Continue Reading

Let’s Work Out!  Off-The-Clock Work Class Action Hits Life Time Fitness

Posted in Class Actions, Overtime Issues

I just posted last week about an off-the-clock FLSA class action case. Well, maybe it’s the season, or the leaves changing color, but another such case has recently started to work its way through the courts.  A putative class of personal trainers at Life Time Fitness Inc. are now seeking conditional class certification in an… Continue Reading

You’re Invited: Two Upcoming Webinars on Soft Activities and FLSA Class Actions

Posted in Class Actions, Overtime Issues, Working Time

When do activities engaged in by employees rise to the level of compensable work hours?  Many side activities (so-called soft activities) performed by employees can end up being counted as work time and costing unwary employers thousands of dollars. Learn what types of activities are often at issue in these cases, especially the new “crisis,”… Continue Reading

Goin’ Hollywood: Independent Contractor Lawsuit Targets Freelance Producers

Posted in Class Actions, Independent Contractor

No industry or business is immune from the threat of a FLSA class action.  Proof of this premise is found in the certification of a class of dozens of freelance content producers who allege that the parent entity of the Hollywood Reporter denied them overtime by misclassifying the workers as independent contractors.  The primary allegation… Continue Reading

Sirius XM Settles FLSA Intern Case: Good Use of Formulas as a Basis for Settlement

Posted in Class Actions, Working Time

There have been a host of intern cases of late, the theory being that these individuals were actually doing productive work, acting as if they were employees, and were not paid for their labor that facilitated the particular company’s business.  In another example of this phenomenon, Sirius XM has just settled a putative FLSA collective… Continue Reading