“I am angry and I don’t know what to do with my anger!” This is a line from the movie, The Big Chill, one of my favorites. It also
Continue Reading Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!
It is black letter FLSA canon that a promised bonus, such as a production bonus, or longevity bonus, must be included in the regular rate of employees who work overtime
Continue Reading Not Including Promised Bonuses In Regular Rate A Big No-No!
I see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating
Continue Reading Yet Another Preliminary/Postliminary Class Action: More Of The Same
Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join
Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!
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
Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand AttentionThe 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?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 Action
Last 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!
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!
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