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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

Tag Archives: Fair Labor Standards Act (FLSA)

Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors

Posted in Class Actions, Exemptions

The vast majority of FLSA class actions result in settlements, as few employers, frankly, are hardy enough to go to trial and risk even more.  An interesting settlement has just been announced.  A putative class of casino workers and the Company have requested that a federal court grant preliminary approval to a settlement that resolves… Continue Reading

Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions

Posted in Class Actions

I have myself successfully utilized the Offer of Judgment procedure in FLSA cases and often blogged about these so-called “pick off” actions.  Now the Supreme Court has weighed in.  The Court has (perhaps) dealt a significant blow to the ability of class action defendants to “pick off” named plaintiffs by offering them complete relief for… Continue Reading

FLSA Lawsuit Against Quest Diagnostics Alleges Failure To Include Non-Discretionary Bonuses In Regular Rate

Posted in Class Actions, Overtime Issues

When employers calculate overtime, and what the regular rate will be for the overtime, they must ensure that they include all “extra” payments, like commissions, or earned or promised bonuses, when they pay the overtime.  Failure to do so is a violation of the Fair Labor Standards Act.  To prove the point (hopefully not!), Quest… Continue Reading

Judge Denies Class Certification Motion In Goodyear Suit: No Common Issues Exist!

Posted in Class Actions, Overtime Issues

I often (happily) blog about employer victories in defeating efforts of plaintiffs to secure conditional certification in FLSA overtime cases.  Well, another victory has come down the pike.  A federal judge has just denied a motion for conditional certification, finding (as is often the case) that common issues among the putative class did not predominate. … Continue Reading

The Motor Carrier Exemption: The Doctrine of Practical Continuity

Posted in Exemptions, Overtime Issues

The motor carrier exemption under the FLSA exempts from overtime those employees for whom the Secretary of Transportation has power to establish qualifications and maximum hours of service.  The employees must be: (1) employed by carriers whose transportation of passengers or property by motor vehicle is subject to the Secretary’s jurisdiction under the Motor Carrier… Continue Reading

Ho, Hum: The Number of Wage Suits Rises Again.

Posted in Class Actions, Independent Contractor, Overtime Issues, Working Time

Guess what?  Wage suits are increasing.  Hardly a surprise.  A recent study shows that wage-hour lawsuits were up about 8 percent over last year, which may stem (in part) from the recent USDOL initiatives on revising the FLSA exemption regulations and its “white paper” on independent contractor issues.  There is also the problem with applying… Continue Reading

You Need Brakes and Tires!  Supreme Court May Decide Exempt Status of Auto Dealer Service Advisers

Posted in Exemptions

Exemption issues are very tricky and very fact sensitive.  Given that, courts in different jurisdictions can come down differently on the same issue and then the US Supreme Court is called upon to resolve this difference in the federal Circuit (i.e. appellate) courts.  With the job category known as “service advisers” in auto dealers, this… Continue Reading

Comments on DOL Exemption Proposals Illustrate Great Divide

Posted in Exemptions, Overtime Issues

The 60-day comment period closed on September 4, 2015 for the USDOL’s proposed (and for employers, controversial) overtime changes.  There were an amazing 250,000 comments submitted and this highlights the chasm between the commenters and the fear felt by employers who dread that their businesses will be hurt (or buried) by the proposed changes.  Other… Continue Reading

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

USDOL Revisions to White Collar Rules Will Issue This Month: Lots of Changes Ahead

Posted in Exemptions, Overtime Issues

I have blogged before on the “eagerly” anticipated DOL revisions to the white collar exemption regulations.  This initiative is designed to narrow the white collar exemptions to the Fair Labor Standards Act and would make possibly millions of additional employees overtime eligible. The proposed rule is now expected this month, but its expected content is… 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

Third Circuit Clarifies Meaning Of “Interstate Commerce” In Motor Carrier Exemption Suit

Posted in Overtime Issues

When analyzing the so-called motor carrier exemption under the Fair Labor Standards Act, 29 USC 213(b)(1), controversies often arise as to whether the drivers are involved in “interstate commerce.” This is because, as a rule, the safety sensitive nature of the driver’s job and the fact that the employer-defendant is a “motor carrier” are often… 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