Class Actions

I have blogged on this issue a number of times, i.e., that federal courts are starting to tilt away from the typical and very, very easy way that plaintiffs now

Continue Reading Sixth Circuit Joins Fifth Circuit In Looking Towards A New, Fairer Way To Determine Whether Conditional Certification Is Appropriate: A New Day Dawning!

The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a

Continue Reading The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model

I read an interesting blog post by Epstein Becker on the misunderstood issue of gap time and what that means for employers.  It notes that employees must be paid overtime

Continue Reading Gap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is Located

The FLSA is very strict concerning proper deductions from exempt employee salaries.  Improper deductions can undermine the exemption for the individual employee and possibly the entire class of exempt employees. 

Continue Reading Improper Deductions From Salary Can Jeopardize Exempt Status But Not If Taken From PTO Time: Great Decision!

I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved.  A defendant employer not only

Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in

Continue Reading Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins

“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!

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!