The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an
Continue Reading Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands
Overtime Issues
Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed
By Mark Tabakman on
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
Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
By Mark Tabakman on
In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of…
Continue Reading Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
By Mark Tabakman on
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!
Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!
By Mark Tabakman on
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!
Two Federal Circuit Courts Throw Obstacles Up Against FLSA Class Action Certification: A Roadmap For Employers!
By Mark Tabakman on
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!
Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA
By Mark Tabakman on
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
COVID Related Wage Increases Includible In Regular Rate In FLSA Overtime Case
By Mark Tabakman on
I have blogged many times about cases where relatively small amounts of compensation, bonus type compensation, are not included when an employer calculates the regular rate for overtime and a…
Continue Reading COVID Related Wage Increases Includible In Regular Rate In FLSA Overtime Case
Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!
By Mark Tabakman on
A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose…
Continue Reading Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!
Second Circuit Takes Hard Line On FLSA Willfulness Standard: Defense Practitioners Given A New Weapon!
By Mark Tabakman on
Every time a plaintiff files a FLSA lawsuit, they seek a third year, one longer than the usual two year statute of limitations, claiming that the violations were “willful.” It…
Continue Reading Second Circuit Takes Hard Line On FLSA Willfulness Standard: Defense Practitioners Given A New Weapon!