Class Actions

I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most
Continue Reading Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)

When two entities are a joint employer, or could be deemed as such, they must aggregate the hours worked by employees at each facility in a given week. If those
Continue Reading Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!

The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to
Continue Reading When Do Expense Reimbursements Get Included In The Regular Rate For FLSA Overtime Purposes—Maybe The Supreme Court Will Tell Us?

The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing
Continue Reading Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?

Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of
Continue Reading Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed

When I, as a management-side practitioner, defend a FLSA class action, the contingency I fear is that a court might find that the violation was “willful,” thereby extending the two-year
Continue Reading Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!

The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in
Continue Reading Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!

I read an interesting post in the Seyfarth Shaw blog about out-of-state employees and their ability to become part of a FLSA collective/class action. The FLSA allows individuals to bring
Continue Reading Two Federal Circuit Courts Throw Obstacles Up Against FLSA Class Action Certification: A Roadmap For Employers!