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
How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied
Continue Reading Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
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
To me, working time lawsuits are almost the most dangerous for an employer because they often will affect many employees, lending themselves (easily) to a purported class action. A recent
Continue Reading FLSA Training Time Class Action Highlights the Nuances of ‘Working Time’ Issues
I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas
Continue Reading FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!