In class actions there is always a named plaintiff (or two or three, etc). That person acts as the class representative and is the “flagship” for the entire case. When
Continue Reading Named Plaintiff in OT Class Action Dooms The Case By Her “Re-Inventing” Her Deposition Testimony: A Cautionary Tale!
Administrative Exemption
USDOL States It Will No Longer Routinely Seek Liquidated Damages in Administrative Investigations: A Return to Normalcy
The last several years have been quite worrisome to me, as a management side practitioner, on the issue of USDOL agency-initiated liquidated damages assessments. It used to be that only…
Continue Reading USDOL States It Will No Longer Routinely Seek Liquidated Damages in Administrative Investigations: A Return to Normalcy
Organ Procurement Coordinator Found Exempt Under FLSA Highly Compensated Exemption: A Case Study in the HCE
I have found a very interesting exemption case involving a rather unique job title that also is very instructive in the interpretation of the Highly Compensated Exemption (“HCE”) under the…
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Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon
There have been a host of wage hour cases in the energy industry and I have often commented upon these. Many concern misclassification issues and another example of this phenomenon…
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FLSA Proposed Class Cut By Judge Who Found Dissimilarities Among Workers
Often, when a class of workers petitions for conditional certification in FLSA collective action, and such certification is granted, it usually is for the entire class being asked for. Sometimes…
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Renaissance of USDOL Opinion Letters Is An Encouraging Development
I have often blogged about the usefulness of USDOL…
Continue Reading Renaissance of USDOL Opinion Letters Is An Encouraging Development
Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours
I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time…
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More Law Firms Hit With FLSA Misclassification Claims: A Cautionary Tale
I have written a number of times about law firms that have been sued in FLSA actions. Another example. Employees have sued two Florida personal injury law firms, alleging that…
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Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story
There have been so many cases involving employees in the financial services industries and their exempt status or lack thereof. In another variation on this theme, Provident Savings Bank is…
Continue Reading Bank Files Cert Petition to US Supreme Court On Administrative Exemption: The Neverendng Story
Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?
It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to…
Continue Reading Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?