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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

“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

Allstate Triumphs Again On “Economic Realities” Test For Independent Contractor Status Under the FLSA

Posted in Independent Contractor

One employer defense (one that is not often able to be raised) to a FLSA collective action is that the employees are independent contractors.  In the insurance industry, perhaps more than others, this defense had been interposed, with varying results.  Another stone has been added to the defense wall, as a federal judge has dismissed… Continue Reading

Who The “Employer” Is Or Is Not In An FLSA Case?

Posted in Working Time

A plaintiff raising FLSA claims must show that an employment relationship existed between himself and the putative employers, no matter their number.  Often, a plaintiff will name an individual supervisor or manager as a defendant, in addition to the company.  In the recent case of Montero v. The Brickman Group et al, a District of… Continue Reading

The Fifth Circuit Enforces Private Settlement of Claims Under the Fair Labor Standards Act

Posted in Class Actions

Several months ago, an employer asked me why settlements under the Fair Labor Standards Act (“FLSA”) are typically accessible to the public.  I explained that these settlements must be approved by either a United States District Court or the United States Department of Labor (“DOL”) to constitute a valid release.  Since documents filed with the… Continue Reading