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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: FLSA

Revisions to DOL Exemption Rules on Hold

Posted in Exemptions, Overtime Issues

We have been waiting and waiting… The USDOL has been tasked with revising the Fair Labor Standards Act (“FLSA”) white collar exemptions, but evidently these revisions will not be ready by the (initial) November 2014 deadline. The Solicitor of Labor M. Patricia Smith has stated that she anticipates they will be presented early in 2015…. Continue Reading

Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary

Posted in Overtime Issues

Arbitrate or litigate? Like everything else in the law, it depends… Whether a claim for overtime should be arbitrated rather than fought out in court depends on whether the claim necessitates examination and interpretation of the labor contract. Under well-established legal principles, workers have an independent right to sue in court, rather than arbitrate, but… Continue Reading

Paralegals Sue For Overtime In NJ Federal Court: I Thought This Was Settled?

Posted in Overtime Issues

I have blogged numerous times about lawyers suing law firms, claiming that they were really clerks, not lawyers and therefore entitled to overtime. This situation presents a different scenario. An employee has sued the law firm of Pasricha & Patel LLC in a FLSA collective action, claiming that the law firm misclassified paralegals as exempt… Continue Reading

Quinn Discovery Dispute A Defeat For the Plaintiff

Posted in Exemptions

I had recently blogged about the discovery dispute in the FLSA class action case involving Quinn Emanuel Urquhart & Sullivan LLP and how I believed the plaintiffs were overreaching and should not get the information. They wanted data concerning every attorney applicant for a document review assignment that contract attorney-plaintiffs were working on. The case… Continue Reading

“Wireless Ball and Chain” FLSA Working Time Cases Are Here To Stay!

Posted in Overtime Issues, Working Time

I read with interest a recent post by Michael Kun in the Epstein Becker wage hour blog concerning (non-exempt) employees seeking payment for and/or suing for compensation for time spent checking and responding to emails and utilizing other PDAs on (ostensibly) Company business after business hours and on weekends. I spoke on this topic at… Continue Reading

Skadden Case Will Bring More Focus On Issue of “Non-Exempt” Attorneys

Posted in Class Actions, Exemptions, Working Time

I have been following the series of lawsuits filed by attorneys who claim they were not performing “attorney” work and are therefore entitled to overtime in collective and class actions filed under the Fair Labor Standards Act. Now, the major law firm of Skadden Arps, in defending one such suit, has filed a motion to… Continue Reading

Avis Loses De-Cert Motion In Shift Managers FLSA Collective Overtime Action

Posted in Class Actions, Overtime Issues

When a class becomes conditionally certified in a FLSA collective action, the only weapon (absent settlement) that the defendant-employer then is left with is a motion to de-certify the class and reduce the litigation to a single plaintiff. Putting all of one’s eggs in that basket is risky, because if that overture fails, the plaintiffs… Continue Reading

Huge Settlement in FLSA Bank of America Case Highlights Prudence of Getting Out Early

Posted in Class Actions

A settlement has just been approved whereby Bank of America will pay $73 million to end a multidistrict litigation in which a class of 180,000 hourly employees accused the Company of compelling them to work off the clock. The Court approved the settlement, notwithstanding that it noted that the plaintiffs, a class of retail banking… Continue Reading

What Employers Should Know About Vacation Pay

Posted in Class Actions

Do employers need to pay employees for accrued vacation time upon termination?  This is a question without a simple answer, and one that has been heavily litigated over the past several years.  Unlike most wage and hour issues, the Fair Labor Standards Act does not address this concern.  Rather, the payout of vacation time has… Continue Reading

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

Professional Exemption Defense Dooms Large FLSA Collective Action Against KPMG

Posted in Class Actions, Exemptions

A federal judge has dismissed a FLSA class action lawsuit where the theory was the group of employees was improperly classified as exempt.  There were more than one thousand current and former KPMG LLP employees who could have potentially been class members.  The liability would have been, to put it mildly, geometric.  The case is… Continue Reading

No Steak Sauce For Steak N Shake Workers As Judge Rejects Class Action: No Common Policy Or Practice

Posted in Class Actions

I happily note that a positive trend, in my view, is continuing.  That is to say, the defeating of FLSA collective actions by defendants asserting that there is not enough similarity in the putative plaintiffs to warrant their conditional certification into a class.  A federal judge has just rejected a motion for conditional certification, in… Continue Reading