Exemption class actions, i.e. lawsuits alleging misclassification, continue to pop up in different contexts and concerning different classifications. A bank has just agreed to settle a case by paying more
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Attorney's Fees
Judge Rejects FLSA Class Action Settlement Because Named Plaintiff And His Lawyers Were Getting Too Much: A Return to Sanity
Most wage-hour class actions settle, usually with the lead plaintiff getting an extra sum of money for leading the “good fight.” In any such action, the Judge has to approve…
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What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
There have been many class actions concerning the job title “Assistant Manager” and this malady has risen again. The chain, Hooters, has been sued in a nationwide collective action that…
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Emotional Harm Damages Allowable In FLSA Case: A Trend?
Usually, in FLSA cases, no emotional damages are allowable in retaliation cases. Perhaps that inviolate principle is now changing. In an important case, the Fifth Circuit has recently held that…
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Morgan Stanley Settles Four Collective Actions: The Specter of Off-the-Clock Lawsuits Continues to Haunt
The financial giant Morgan Stanley announced that it will settle four FLSA collective actions for six million dollars; the suits, filed by financial adviser trainees, alleged that they were not…
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USDOL Hit for Attorney Fees by Fifth Circuit for Improper Litigation Tactics
I recently read a posting by Julie Badel on the Wage & Hour Defense Blog and felt so moved that I am compelled to comment on it. She wrote about…
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Taking a Bite Out of Attorney’s Fees in FLSA Settlements
FLSA lawsuits are exploding – on nationwide basis annual FLSA filings have increased more than 400% since 2001. The vast majority of these actions ultimately result in a settlement. The…
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Union Representation Activities: Are They “Working Time” Under The FLSA?
In a rather new twist on the working time class action trend, Southwestern Bell Telephone Co. is being sued in a Fair Labor Standards Act (“FLSA”) collective action, where the…
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