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

Tag Archives: class

Working During Meal Break Controversy Continues: What Employers Should Do

Posted in Working Time

In December, I blogged about off-the-clock work in my post Unreported, Off-the-Clock Work.  Off-the-clock work includes meal break time, and issues arise when employees work during these breaks, or claim that they work during these breaks, but are not paid.  Recently, an Ohio federal judge decertified a class of employees who alleged that their employer’s… Continue Reading

Nationwide Nursing Home Chain Hit With FLSA Collective Action That Targets The Nature of The “Fee Basis” Of Payment

Posted in Class Actions, Exemptions

The health care industry seems to draw more than its fair share of class action lawsuits.  In another example of this trend, home-health workers have filed a FLSA class action in federal court, alleging that their employer misclassified them as exempt and thus improperly denied them overtime.  The case is entitled Cook v. Amedisys, Inc…. Continue Reading

Lessons To Be Learned From Another Successful Defense Of An Assistant Manager Class Action

Posted in Class Actions

I have written several times about Assistant Manager class actions being quite difficult to defend because these employees often perform a great deal of “subordinate” type work, making the issue of “primary duty” a tricky one.  In a recent class action involving these employees, a federal judge has denied a motion for conditional certification (which… Continue Reading

The Offensive Use Of DOL Opinion Letters In Overtime (And Other) Wage-Hour Class Actions

Posted in Class Actions, Exemptions

I have been representing an employer in a class action in which Registered Nurses, paid hourly, sought overtime.  We won on summary judgment at the trial court, on the strength of two New Jersey Department of Labor Opinion Letters (one going back to 1975), that held that it was the DOL’s interpretation that as long… Continue Reading

Assistant Manager Exemption Case Goes For The Employer: A New Day Dawns!

Posted in Class Actions, Exemptions

After a three-week jury trial, Southern New England Telephone Company has won a verdict finding that employees who were titled as field managers and classified as exempt, were in fact exempt under the Fair Labor Standards Act and state law.  This case is significant because, as a rule, first-level managers are often in reality “working… Continue Reading

Mandatory Arbitration Agreement Rejected In “Girls Gone Wild” Overtime Case

Posted in Independent Contractor

In June, I wrote about a lawsuit filed by a former film editor for “Girls Gone Wild,” who alleged that he was entitled to overtime pay because Manta Films Inc. and GGW Direct LLC improperly classified him as an independent contractor.  In response to the allegations, Joe Francis, the founder of “Girls Gone Wild,” stated… Continue Reading

A Losing Record And Now This — Citi Field Security Guards Sue The New York Mets for Overtime Pay

Posted in Class Actions

Just when the New York Mets thought that things couldn’t get any worse for them this season, they get “hit” with a class action lawsuit for allegedly failing to pay Citi Field security guards overtime. The plaintiffs, Errol K. Roberts and David N. Vernod, allege that Citi Field security guards regularly work 40 hours a… Continue Reading

Taking Exercise Classes and Watching Inspirational Videos Is Working Time? FLSA Collective Action Hits Lululemon Athletica

Posted in Working Time

When employers are compelling employees or “suggesting” to employees that they engage in work-related activities before or after they go on and off the clock, trouble is brewing.  In the latest of these working time class actions, a group of employees working for Lululemon Athletica Inc. have sued the company under the Fair Labor Standards… Continue Reading

Union Representation Activities: Are They “Working Time” Under The FLSA?

Posted in Class Actions, Working Time

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 underlying theory is that the company has denied union representatives compensation for their time performing union-related duties.  The case is entitled Kayser et al. v…. Continue Reading

Tip Pools: Employers Must Be Wary of Wading In

Posted in Class Actions

In another of the slew of tip pool cases that have ripped through the restaurant industry in New York City and elsewhere, a federal judge has granted class certification to workers who receive tips in the Smith &-Wollensky Restaurant Group Inc.  These employees allege that the chain has improperly required them to pool their tips… Continue Reading

Important Development in Class Action Law: Indemnification Agreement Upheld

Posted in Class Actions

A case has recently issued that provides instructive guidance for employers who may want to insulate themselves from potential liability in a class action lawsuit.  A federal judge has ruled that an entity, a sub-contractor that provided janitorial personnel and crews to Target Corp. was contractually obliged to indemnify Target in a Fair Labor Standards… Continue Reading

A New Insight Into The FLSA Administrative Exemption

Posted in Class Actions, Exemptions

I have often lamented that the administrative exemption is the grayest of the three white-collar exemptions and the toughest to prove.  There are, however, some notable exceptions to this rule.  A federal court has granted summary judgment to a temporary employment recruiting firm, where the former employee, an Account Recruiting Manager, alleged he was non-exempt… Continue Reading

When Donning and Duffing Necessary Protective Clothing Is Not Compensable

Posted in Class Actions, Working Time

A federal judge has dismissed a possible class/collective action concerning an alleged failure by Butterball, the giant poultry company, to pay workers for donning and doffing time.  I have written many times on this subject, but this case is different because the court found that the employees’ union had agreed to the policy of not… Continue Reading

Is It Working Time Or Not? Employer Compulsion Is The Key Element

Posted in Class Actions, Working Time

The electronic giant, Best Buy, has requested that a judge approve a $900,000 settlement in a New York State wage-hour class action in which the plaintiffs sought payment for time worked “off-the-clock.”  That working time was the minutes spent going through security clearings at the end of the work day, assumedly to ensure that employees did… Continue Reading

Law Firm Sued by Legal Secretary on Exemption Misclassification Theory

Posted in Class Actions, Exemptions

Law firms are usually defending clients in wage-hour suits where the allegation is that the employee claims he/she has been misclassified as exempt when they are really not and are due overtime. But, law firms themselves must be diligent about properly classifying their own employees, especially when they categorize employees exempt under the administrative exemption…. Continue Reading

FLSA Donning and Duffing Class Action Defeated Because of Labor Contract Provision

Posted in Class Actions, Working Time

I have posted a few times about Fair Labor Standards Act donning and doffing cases. The general rule is that donning and doffing is compensable if these preliminary and postliminary activities are integral to the performance of the employee’s primary job. For a rule, there is always an exception. In a case entitled Johnson v…. Continue Reading

US DOL Finds 4000 Nurses at SSM Health Care Owed One Million Dollars Over Missed Lunches

Posted in Class Actions, Working Time

Under the Fair Labor Standards Act, there is no law requiring employees receive a lunch period or break times. However, when the employer gives time for lunch, the employees must receive at least thirty minutes and the time must be uninterrupted. Put differently, the employees must be completely relieved from duty. When employees are not… Continue Reading