I have blogged on this topic many times but I never tire of it. What is the way to defeat a class action? The magic bullet? The answer? Too
Continue Reading Need for Individual Scrutiny Kills FLSA Collective Action – That’s the Cure for This Disease
Independent Contractor
Is There, Or Will There Be, Erratic Enforcement of the FLSA Under Trump?
By Mark Tabakman on
The President has not yet nominated an Administrator for the DOL Wage and Hour Division and the new Secretary of Labor, Alexander Acosta, has not named a political adviser to…
Continue Reading Is There, Or Will There Be, Erratic Enforcement of the FLSA Under Trump?
Secretary of Labor Rescinds Two Administrator Interpretations: Does it Make A Difference?
By Mark Tabakman on
The Obama DOL had issued two so-called “white papers” one on independent contractor status (Administrator Interpretation No 2015-1).and the other on joint employer status (Administrator Interpretation No. 2016-1). These documents…
Continue Reading Secretary of Labor Rescinds Two Administrator Interpretations: Does it Make A Difference?
Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
By Mark Tabakman on
I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor…
Continue Reading Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
By Mark Tabakman on
There have been a number of cases in which the FLSA employee status of exotic dancers has been litigated. Well, in a very recent one, the plaintiffs’ counsel is strongly…
Continue Reading In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
By Mark Tabakman on
This is an interesting case and a (possible) double victory for the employer. A rarity. An employer-defendant, Dynamex, Inc. has filed a motion to eliminate more than 30 opt-ins from…
Continue Reading Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
Parties In FLSA Collective Action Stay Discovery and Will Mediate—The Smart Thing To Do (For Both Sides)
By Mark Tabakman on
One thing about FLSA collective actions—right or wrong, win or lose, the legal fees for both sides mount up quickly and almost relentlessly. I often counsel clients to try to…
Continue Reading Parties In FLSA Collective Action Stay Discovery and Will Mediate—The Smart Thing To Do (For Both Sides)
Golf Course Class Action Held In Abeyance Pending Settlement Talks—The Right Thing To Do
By Mark Tabakman on
I blogged about this case a few weeks ago and opined that the employer would have an uphill fight. Maybe they heard me. The case has now been put in…
Continue Reading Golf Course Class Action Held In Abeyance Pending Settlement Talks—The Right Thing To Do
Big Time Sand Trap: Golf Course Hit With Misclassification FLSA Collective Action
By Mark Tabakman on
No industry or business is immune to FLSA collective actions. What better proof of this than the fact that a Florida resort and golf course management company were sued in…
Continue Reading Big Time Sand Trap: Golf Course Hit With Misclassification FLSA Collective Action
USDOL Issues Joint Employer Guidance: More Enforcement Coming Down The Pike!
By Mark Tabakman on
There exists already a doctrine of joint employer law under the Fair Labor Standards Act, Now, the USDOL wants to make it easier for two (or more) entities to be…
Continue Reading USDOL Issues Joint Employer Guidance: More Enforcement Coming Down The Pike!