Usually, when a party does not respond to discovery requests, it can face sanctions, including the dismissal of the case (if he/they are the plaintiff(s). Well, that truism took a
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FLSA Retaliation
Preemption Defense In Federal Court Dooms NJ State Overtime Claim
By Mark Tabakman on
When a FLSA case (or a state law wage hour case) is filed against a unionized client, the first line of defense for me is to ascertain if we can…
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Do Lower Gasoline Prices Signal A New Wave Of FLSA Actions In The Energy Industry?
By Mark Tabakman on
We are all happy with the falling gasoline prices we have experienced, but, as lawyers, we (seemingly) always look for the dark spot in the sky. Some commentators are positing…
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No Soup for You, Part II: An Attorney’s Claim of Retaliation for Being Banned by a Business He Filed a Lawsuit Against
By Fox Rothschild LLP on
In November we reported on Wigdor v SoulCycle, which had been filed in New York Supreme Court, New York County. In that action a well-known plaintiff’s attorney, Douglas Wigdor,…
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An anonymous letter raises questions concerning FLSA retaliation
By Fox Rothschild LLP on
On Friday, February 20, 2015, a federal judge issued an unusual order in Fujiwara, et al. v. Sushi Yasuda, LTD, et al, 12-cv-8742(WHP) (S.D.N.Y. Feb. 20, 2015). After receiving…
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An Interesting Twist On Retaliation Lawsuits Under the FLSA
By Mark Tabakman on
In FLSA cases in which retaliation is alleged, it is incumbent upon the employer to defend by showing that the disciplinary process had started prior to the protected activity, meaning…
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The U.S. Supreme Court Makes Life For Employers Even More Difficult — Verbal Complaints Held To Be Protected Activity Under the Fair Labor Standards Act
By Fox Rothschild LLP on
On March 22, 2011, the United States Supreme Court held in Kasten v. Saint-Gobain Performance Plastics Corp., that the Fair Labor Standards Act (“FLSA”) prohibits employers from retaliating against…
Continue Reading The U.S. Supreme Court Makes Life For Employers Even More Difficult — Verbal Complaints Held To Be Protected Activity Under the Fair Labor Standards Act