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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: FLSA

The FLSA Administrative Exemption Not Applicable To Oil Company Employees

Posted in Exemptions

Another administrative exemption lawsuit! The FLSA administrative exemption is the most difficult to defend and toughest to prove for an employer. The Fifth Circuit has now held that three marine superintendents at petroleum shipping loss-control company were non-exempt and did not meet the tests for the administrative exemption under the Fair Labor Standards Act. The… Continue Reading

Carnival Workers Get Conditional Certification In Case Where Lawyers Sought To Depose Their Own Lead Plaintiff

Posted in Class Actions

A few weeks ago, I posted about the unique (i.e. strange) situation of the plaintiff’s lawyer in this case seeking to depose his own client. There has been a new development in this case and it is one that dwarfs the importance of the other issue. The workers, who have accused their amusement park employer… Continue Reading

Plaintiff’s Counsel Wants To Depose His Own Client in FLSA Collective Action: Really?

Posted in Class Actions

This is great!  A FLSA collective action filed against an amusement park company.  A lead plaintiff and other plaintiffs added.  So far, so good.  Then, one of the lead plaintiffs settles independently with the employer and now the plaintiffs’ lawyer, this person’s lawyer (former lawyer) wants to depose his own client.  The company is strongly… Continue Reading

Intern-Employee FLSA Case Dismissed Because Clinical Experience Is Not “Work”

Posted in Working Time

In Atkins v Capri Training Center, in the District of New Jersey, Judge Susan Wigenton considered a Motion to Conditionally Certify a Collective Action. Capri was a for-profit corporation that included beauty schools. Atkins attended one of the schools owned by Capri. While she was a student, Atkins worked at the Clinic in Clifton, NJ,… Continue Reading

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