I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to defeat these cases. Another case in point. A federal judge has now decertified a collective class, following the Magistrate Judge’s recommendation against the class continuing
Exemptions
Obama-Proposed DOL Overtime Rule Invalidated: Back to Square One
By Mark Tabakman on
Well, it finally happened. A Texas federal judge struck down the Obama Administration’s proposed changes to the FLSA overtime regulations, which would have made millions of more people eligible for overtime. The Court’s theory was that the U.S. Department of Labor used a salary level test that was excessive in determining whether workers should be…
Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer
By Mark Tabakman on
No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an oil field services company has just agreed to a $2.1 million deal to settle a Fair Labor Standards Act collective action alleging that the company…
Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
By Mark Tabakman on
Posted in Class Actions, Exemptions
It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to be completely right, or totally wrong. Either the class of workers (especially if the exemption at issue is professional or administrative) will meet the regulatory…
Law Firm Misclassifies Secretary As Exempt And Now Must Pay Overtime
By Mark Tabakman on
You know, law firms are not immune from FLSA issues merely because they are law firms and may be allegedly endowed with some superior knowledge of laws. A recent case illustrates this maxim. The name partner of a Los Angeles firm has been charged with misclassifying his legal secretary as exempt. She now has won…
Interesting Tactic in FLSA Collective Action—Pre-Litigation Settlement Talks
By Mark Tabakman on
Posted in Class Actions, Exemptions
I have blogged so many times about Assistant Manager class actions. I never seem to get tired of it because there is a never-ending “supply” of them. Guess what. Another one. A group of employees working for AC Moore, an arts, crafts and floral merchandise retailer, has petitioned a federal judge to approve an almost…
New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend?
By Fox Rothschild LLP on
Corinne Burzichelli writes:
The issue of the exempt status of financial services employees has been explored in numerous cases for many years and in different parts of the country. Now, there is a new chapter to add to this saga. On February 28, 2017, Judge William J. Martini granted Morgan Stanley Smith Barney LLC’s motion…
Commission Sales Representatives Seek Conditional Certification in FLSA Collective Action: Is There A Defense?
By Mark Tabakman on
Posted in Class Actions, Exemptions
A group of sales representatives for a car dealership have requested conditional certification in a Fair Labor Standards Act case. The employees allege that they were paid less than minimum wage and were not properly paid their commissions. The case is entitled Hotaranu et al. v. Star Nissan Inc. and was filed in federal court…
DOL Appeal on FLSA Exemption Issue Will Be Fast-Tracked
By Mark Tabakman on
Posted in Exemptions, Overtime Issues
I blogged about this the other day. Well, the Fifth Circuit has acted with alacrity and has stated that it will hear the USDOL appeal of the lower court injunction blocking the new overtime regulations on an accelerated, expedited basis. Indeed, the Court has ordered that briefs be submitted by the end of January, which,…
DOL Urges Fifth Circuit To Speed Up Its Review of The Lower Court Decision
By Mark Tabakman on
Posted in Exemptions, Overtime Issues
The DOL filed an appeal of the lower court’s granting an injunction staying the implementation of the new overtime regulations. Now, as expected, frankly, the agency has requested that the Fifth Circuit expedite these proceedings. The agency claims that the delay has denied giving additional pay (i.e. overtime) to millions of workers.
[caption id=”attachment_2357″ align=”alignright”…