Whenever a FLSA suit is lodged against a unionized employer, I always look for the possibility of a preemption defense, which will, in one fell swoop, doom the entire litigation.
Continue Reading Use of Labor Law Preemption in FLSA Case Is a Good Start
Take the TSheets Quiz: How Much Do You Really Know About the FLSA?
The TSheets Time Tracking Blog recently posted a quiz testing readers’ knowledge of the Fair Labor Standards Act (FLSA).
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Texas Case Poses Interesting Twist On FLSA Section 7(i) Commission Exemption
A Texas federal court handed a quick win Wednesday to a class of trainers claiming Gold’s Gym unfairly denied
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Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?
Here is another exemption misclassification lawsuit, but this time coming from a different angle. This time, it is a group of human resources employees who work for Lowe’s have filed
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Motion To Dismiss New Jersey State Overtime Claim in FLSA Case: Why Do It?
In most (if not all) FLSA cases I handle, whether single plaintiff or collective action, there is usually a State of New Jersey cause of action set forth as Count
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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
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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Settlement Agreements in FLSA Cases Must Pass Judicial Scrutiny
It is no secret that most FLSA class action lawsuits settle. The costs of litigation, the fee shifting nature of the statute, plus the fact that oftentimes the merits/defenses are
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Federal Court Settles New Jersey Wage Payment Law Statute of Limitations
In an important decision, a New Jersey federal district court has ruled that the statute of limitations for claims under the New Jersey Wage Payment Act is six years, not
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Commissions: How Do They Work?
Sales employees are generally compensated with commission compensation structures. Sometimes a commission is paid in addition to a salary, other times its paid instead of salary. The tech industry employs
Gender Equity Developments in New Jersey
This January is an exciting month for several reasons: (1) it’s my birthday month and (2) the NJ DOL issued the new poster promulgated by the 2012 amendment to the
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