When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is
Continue Reading Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist
Nurses
Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation
I always look for a preemption defense when I am defending a FLSA collective action, whenever there is a labor contract involved. What a magic bullet that is—get rid of…
Continue Reading Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation
“Suffer or Permit” Case Again Shows Danger Of Implicitly Requiring Overtime
I have often warned clients that simply having a policy against working unauthorized overtime does not immunize an employer against a successful lawsuit claiming payment for off-the-clock work. A recent…
Continue Reading “Suffer or Permit” Case Again Shows Danger Of Implicitly Requiring Overtime
FLSA Collective Action Dismissed for Failure of Lead Plaintiff To File Opt-in: Yes!
When I begin defending a Fair Labor Standards Act collective action, one of the first strategies I look for is to find some way to kick the named plaintiff out…
Continue Reading FLSA Collective Action Dismissed for Failure of Lead Plaintiff To File Opt-in: Yes!
Health Care Industry: DOL Intensified Focus Mandates More Awareness
In a recent posting in the Wage Hour Defense Blog, Kara Maciel brought attention to the new, intensified focus by the federal Department of Labor in auditing and inspecting health…
Continue Reading Health Care Industry: DOL Intensified Focus Mandates More Awareness
US DOL Finds 4,000 Nurses at SSM Health Care Owed One Million Dollars Over Missed Lunches
Under the Fair Labor Standards Act, there is no law requiring employees receive a lunch period or break times. However, when the employer gives time for lunch, the employees must…
Continue Reading US DOL Finds 4,000 Nurses at SSM Health Care Owed One Million Dollars Over Missed Lunches