Over these last years, there have been a number of lawsuits by domestic employees against their employers and I have defended some of those. They present a unique kind of
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Great Fifth Circuit Decision On Exclusion Of Bonus From Regular Rate Under FLSA
I have often blogged about the thorny issue of bonuses under the FLSA and when those bonuses must be included in the regular rate of employees for overtime purposes. The
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Pre-Payment Plans: A Novel Way to Deal With Overtime Issues
The FLSA contains a number of provisions that enable employers to manage, if not reduce, overtime costs. One of these is called a pre-payment plan. Under a Pre-Payment Plan, an
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FLSA Settlement Principles Illustrated by Recent Case: A Primer on What Is Appropriate
When FLSA lawsuits are settled, the matter must go before a federal judge for approval, as opposed to when a “demand letter” is sent and the parties settle prior to
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Defeat of Restaurant FLSA Actions for Lack of Credible Evidence Is Encouraging!
Many wage-hour/overtime actions are brought against restaurants; this is, and has been for some time, a disturbing pattern. Coupled with this trend is the fact that it seems that this
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Another Construction Industry Wage-Hour Lawsuit: The Trend Continues
The construction industry has had a long history of wage violations, whether of prevailing wage laws or just “ordinary” wage hour laws. Another example of this trend has emerged in
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FLSA Telecommuting Issues Can Lead to Abuse: Employers Beware!
I am getting deluged with inquiries from clients, some very agitated, about what they should do, or can do, vis-à-vis their non-exempt work forces and how these folks can be
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Staffing Company Cannot Avoid FLSA Liability For Doctored Time Records by Blaming Its Agent
What gets a lot of employers into trouble is the failure to keep accurate records. Or worse, the actual falsification of records or knowingly keeping and maintaining inaccurate records. Nothing
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Labor Contract Preemption Defense Cannot Kill Wage Suit Because No Interpretation of Contract Required
I have often blogged about the need for defense lawyers to look for a labor law preemption defense when a wage hour action, single or FLSA collective action is lodged.
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Flushed Down the Toilet: Porta Potty Company Settles FLSA Overtime Collective Action
Employers often do not like to pay overtime, although they must, and they sometimes come up with creative arrangements not to do so. That is fine, until an employee, often
Continue Reading Flushed Down the Toilet: Porta Potty Company Settles FLSA Overtime Collective Action