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There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that parties cannot release claims and dismiss a suit voluntarily without judicial approval. Other courts, however, have taken a different view and…
Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand AttentionOn-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!
Whether hours spent on call are compensable hours of work is a question of fact…
Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray Exemptions
As I have written numerous times, the administrative exemption is the grayest and most difficult…
Continue Reading Property Damage Investigators Do Not Meet FLSA Administrative Exemption Test: Another Lesson For Employers On This Grayest of Gray ExemptionsNew Prevailing Wage Law In Illinois Puts Pressure On General Contractors To Sign Up With Unions: The Government Assisting In Top-Down Organizing!
I do a lot of prevailing wage defense and am always interested in developments in…
Continue Reading New Prevailing Wage Law In Illinois Puts Pressure On General Contractors To Sign Up With Unions: The Government Assisting In Top-Down Organizing!The Latest
The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in…
Continue Reading Liquidated Damages And The CEO: When Does Personal Liability Attach?Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?
I am very interested in travel time cases. There are some nuanced concepts hovering around travel time, especially the concept of what constitutes non-compensable home-to-work travel. In an interesting case…
Continue Reading Is Travel From A Meeting/Staging Area To A Work Site Still Only Home-to-Work Travel Time?Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?
What employers often miss when calculating proper overtime is that they must include in the regular rate different kinds of supplemental payments that non-exempt people receive. If they do not…
Continue Reading Bonuses Must Be Included In Regular Rate For Non-Exempt Employees: Another Cautionary Tale?Business Development Managers Exempt Under Administrative Exemption: A Case Study Of This Nuanced, Vague Exemption
I am always interested in administrative exemption cases because they are the hardest to prove for an employer. In an interesting case that illustrates the parameters of this exemption, the…
Continue Reading Business Development Managers Exempt Under Administrative Exemption: A Case Study Of This Nuanced, Vague ExemptionContractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class Action
A favorite tactic of the New Jersey Department of Labor, in a prevailing wage case, where the subcontractor cannot pay the assessments, is to go “upstream” against the General Contractor…
Continue Reading Contractors Cannot Go Upstream Against The State of New Jersey In Prevailing Wage Class ActionLast week, I blogged about a lawsuit where the allegations were that the Company failed to pay properly and record time properly, due to its involvement in the Kronos Hack…
Continue Reading Voluntary Dismissal of Kronos Hack Lawsuit: Oops, The Plaintiff Got It Wrong!Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!
This is a day I have been waiting for. The Supreme Court has decided to take on a case in which it will decide whether someone earning more than $200,000…
Continue Reading Supreme Court Will Decide Whether the Highly Compensated Exemption Applies to $200,000 Per Annum Worker On A Day Rate—I Can’t Wait!I have defended all manner of class actions, exemption, working time, independent contractor, but this case is a novel twist on that theme. A group of employees is suing a…
Continue Reading A New Twist On A FLSA Class Action—The Kronos Hack Made Me Do It!“Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them Down
When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class. …
Continue Reading “Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them Down