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Wage & Hour – Developments & Highlights To Highlight Recent and Noteworthy Developments In Cases And Regulations on Wage and Hour Laws That Affect Large and Small Businesses

Category Archives: Class Actions

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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

No Soup for You, Part II: An Attorney’s Claim of Retaliation for Being Banned by a Business He Filed a Lawsuit Against

Posted in Class Actions, FLSA Retaliation, State Wage & Hour Laws

In November we reported on Wigdor v SoulCycle, which had been filed in New York Supreme Court, New York County.  In that action a well-known plaintiff’s attorney, Douglas Wigdor, alleged that SoulCycle retaliated against him by banning him from the Company’s establishments because Wigdor had filed a putative wage and hour class action against SoulCycle.… Continue Reading

Carnival Workers Get Conditional Certification In Case Where Lawyers Sought To Depose Their Own Lead Plaintiff

Posted in Class Actions

A few weeks ago, I posted about the unique (i.e. strange) situation of the plaintiff’s lawyer in this case seeking to depose his own client. There has been a new development in this case and it is one that dwarfs the importance of the other issue. The workers, who have accused their amusement park employer… Continue Reading

Secret Service Hit with Overtime Suit on Off-The-Clock Work

Posted in Class Actions, Exemptions, Overtime Issues

As if the Secret Service did not have enough headaches to go around!  Now, the beleaguered agency has been hit with a class action lawsuit filed by information technology and telecommunication specialists, who allege they were not paid for extra work that was not reported/recorded.  The case is entitled Alvarez et al. v. U.S. and… Continue Reading

New Jersey Missclassification Wage and Hour Suit

Posted in Class Actions, Independent Contractor

An interesting case coming out of New Jersey… We often blog about “misclassification” which is a laconic way of referring to the misclassification of employees as something other than employees, such as independent contractors.   Home Depot is experiencing this right now as it responds to a group of cleaning workers who claimed Home Depot failed… Continue Reading

Payless Shoes Settles Another FLSA Executive Exemption Misclassification Suit

Posted in Class Actions, Exemptions, Overtime Issues

On the crest of the FLSA collective action wave that has swept the nation in recent years is the never-ending parade of exemption misclassification cases targeting Manager/Assistant Manager positions.  In yet another iteration of this phenomenon, Payless Shoesource Inc. has agreed to settle such a class action for just under $3,000,000.   The case is entitled… Continue Reading

Plaintiff’s Counsel Wants To Depose His Own Client in FLSA Collective Action: Really?

Posted in Class Actions

This is great!  A FLSA collective action filed against an amusement park company.  A lead plaintiff and other plaintiffs added.  So far, so good.  Then, one of the lead plaintiffs settles independently with the employer and now the plaintiffs’ lawyer, this person’s lawyer (former lawyer) wants to depose his own client.  The company is strongly… Continue Reading

Skadden Case on Lawyer Overtime/Exempt Status Argued Before Second Circuit

Posted in Class Actions, Exemptions, Overtime Issues

I have been following this protracted saga for some time and there is another chapter now being written.  The law firm of Skadden Arps is being sued in a Fair Labor Standards Act collective action by lawyers claiming they were not doing legal work because all they did was document review.  In argument before the… Continue Reading

Another FLSA Off-the-Clock Case: Employees Allegedly Ordered Not To Report Time

Posted in Class Actions, Overtime Issues

I have posted numerous times about the dangers of (and the escalation of lawsuits) involving claims of off-the-clock work. Well, here we have yet another example.  A $450,000 settlement has now been approved in a case in which admissions representatives at a chain of cosmetology schools claim they were required, under an unwritten policy, to… Continue Reading

Attorney Client Privilege No Defense! – Turnover of Client Communications on Exempt Status Ordered

Posted in Class Actions, Exemptions

A federal judge has ordered Chipotle Mexican Grill to turn over attorney-client communications because the Company failed to meet a “good-faith” compliance requirement under federal law.  This is a FLSA collective action case where the theory was that the chain misclassified a group of workers as exempt from overtime under the executive exemption of 29… Continue Reading

What is Off-the-Clock Work?

Posted in Class Actions

Off-the-clock work is a common issue that often is the basis for class action wage claims.  Put simply, federal and state laws require that workers get paid for the time they “work.”  Generally, hours worked includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place… Continue Reading

Off-the-Clock Security Checks

Posted in Class Actions, Working Time

There are some interesting cases going on right now about whether employees who work in electronic retail stores need to be paid for the time they spend waiting to get their bags checked when they clock in and out of their shifts.  Currently, these security checks are “off the clock” but sometimes these employees are… Continue Reading

Choice of Law Provisions and Class Actions

Posted in Class Actions

Picture this: you’re enjoying a lovely evening with friends inside a hole-in-the-wall restaurant in Brooklyn.  As the evening is winding down, the clouds open up and give way to a torrential down-pour.  You think to yourself, “How am I possibly going to hail a cab in this weather…and in Brooklyn of all places.” Luckily, you… Continue Reading

When Is It Time For A Wage Hour Audit? Answer—Now!

Posted in Articles, Class Actions, Independent Contractor, Overtime Issues

Better safe than sorry is the old adage.  Nowhere is this maxim more applicable than for an employer’s compensation practices, especially on issues of classification, working time, and record keeping protocols and obligations. In the last several years, there has been an escalation of wage hour lawsuits, single and class action.  These cases can be… Continue Reading