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!

The New York City restaurant industry has, over the last several years, been hit with a flood of lawsuits. Many of these have focused on illegal tip pools but many
Continue Reading Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA

I have always been interested in the Motor Carrier Act (MCA) exemption of the Fair Labor Standards Act, 29 USC 213(b)(1), especially in the doctrine of “practical continuity” which is
Continue Reading Doctrine of Practical Continuity Tested Again In Case Involving FLSA Motor Carrier Exemption

In class actions there is always a named plaintiff (or two or three, etc).  That person acts as the class representative and is the “flagship” for the entire case.  When
Continue Reading Named Plaintiff in OT Class Action Dooms The Case By Her “Re-Inventing” Her Deposition Testimony: A Cautionary Tale!