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Category Archives: Class Actions

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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

Second Circuit Reverses on Lawyer Professional Exemption Case: What in the World Is Happening?

Posted in Class Actions, Exemptions, Overtime Issues

I have blogged about this matter several times, all the while applauding the lower court decision and employer’s legal position in the case, as I believed what these temporary lawyers were doing did constitute the practice of law.  The Second Circuit has now disagreed.   The Court has ruled that document review work does not equal,… Continue Reading

Interns Deemed Non-Employees By Second Circuit

Posted in Class Actions

I have been following the protracted saga developing in the Second Circuit concerning whether interns are employees.  Recently, this Circuit overturned a lower court decision that granted conditional certification to an intern (and the putative class) alleging that they were statutory employees. That case is entitled Glatt et al. v. Fox Searchlight Pictures Inc.  Concomitantly,… Continue Reading

Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason!

Posted in Class Actions, Exemptions, Overtime Issues, Working Time

A recent survey shows that class actions are the biggest worry for US corporate counsel.  This is based on a polling of approximately 800 corporate counsel where the results were that 25% of those polled labeled class actions as their biggest fear and that almost two of five answered that they have endured such an… Continue Reading

Bigger Rigs Are Better In the Trucking Industry, Says the Third Circuit

Posted in Class Actions, Overtime Issues

In March, the Third Circuit joined other circuits in its ruling in McMaster v. Eastern Armored Services, Inc.  that trucking companies are not relieved from the payment of overtime wages to their employees whose job “in whole or in part” affects the safe operation of vehicles lighter than 10,000 pounds. In its precedential decision, the Third… Continue Reading

Supreme Court Will Not Hear Case Involving Waiver (In A Severance Agreement) Of FLSA Collective Action Participation

Posted in Class Actions

In a significant ruling (or lack of same) the US Supreme Court has declined to review an appellate court decision that held that employees could pursue a Fair Labor Standards Act collective action even though they signed severance agreements that included collective action waivers.  The Sixth Circuit had held that as the severance agreements did… Continue Reading