I love Assistant Manager class actions because it gives a defense lawyer a “golden” opportunity to defeat class certification by asserting that too much individual scrutiny is required to allow
Continue Reading Another Assistant Manager FLSA Class Action Goes Down—When Will They Ever Learn?
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Judge Signals Change on Certification Decision and Then Case Quickly Settles
It is fairly easy for a plaintiff to get conditional certification in a FLSA class action case, but that is not the end of the story. The next step, much…
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Changing Employees From Exempt to Non-Exempt “With the Season” Is Legal!
Many industries and businesses are seasonal and I have been often approached with a client question to the effect of whether the client can change the exempt status of workers,…
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New White Collar Exemption Salary Rises to $35,000 Per Year: Much Ado About Nothing?
It has finally happened! The USDOL has announced that it is setting the new exempt salary threshold for the “white collar” exemptions at about $35,000, about $700 per week. The…
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Referees Settle Independent Contractor FLSA Action: No “Penalty” for Either Side
The issue of whether athletic referees are independent contractors has surfaced a few times in the last few years. Here, in Pennsylvania, the Pennsylvania Interscholastic Athletic Association (the PIAA) that…
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Differing Views on New Salary Level for Exempt Status Set By USDOL: No Surprises Here
Now that the USDOL has established $35,000 per year as the new threshold for exempt status, several groups have already taken shots at that new salary level. The deadline for…
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Issues With the New FLSA OT Rule/Exemption Rules
Now that the new $35,000 per annum overtime rule has been proposed, the commentators have been commenting on the implications. I have read these with great interest. For example, Alexander…
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New FLSA Exemption Salary Level Set at $35,000
We have been waiting for the United States Department of Labor to announce its plan for toning down the overtime rule revisions implemented in the last administration, but stayed by…
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Yet Another Store Manager FLSA Lawsuit: The Hits Just Keep On Coming
When will employers learn? They keep classifying retail Store Managers and Assistant Managers as exempt, when these workers are often misclassified, not intentionally, but because the nature of their duties…
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Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive
The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge actual/true…
Continue Reading Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive