I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved. A defendant employer not only
Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?Class Actions
Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins
When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in…
Continue Reading Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-InsAutomatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!
“I am angry and I don’t know what to do with my anger!” This is a line from the movie, The Big Chill, one of my favorites. It also…
Continue Reading Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!Not Including Promised Bonuses In Regular Rate A Big No-No!
It is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime…
Continue Reading Not Including Promised Bonuses In Regular Rate A Big No-No!Yet Another Preliminary/Postliminary Class Action: More Of The Same
I see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating…
Continue Reading Yet Another Preliminary/Postliminary Class Action: More Of The SameHow Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!
Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join…
Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention
There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that parties…
Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand AttentionLiquidated Damages And The CEO: When Does Personal Liability Attach?
The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in…
Continue Reading Liquidated Damages And The CEO: When Does Personal Liability Attach?Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class Action
A favorite tactic of the New Jersey Department of Labor, in a prevailing wage case, where the subcontractor cannot pay the assessments, is to go “upstream” against the General Contractor…
Continue Reading Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class Action
Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!
Last week, I blogged about a lawsuit where the allegations were that the Company failed to pay properly and record time properly, due to its involvement in the Kronos Hack…
Continue Reading Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!