In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?There have been many class actions concerning the job title “Assistant Manager” and this malady has risen again. The chain, Hooters, has been sued in a nationwide collective action that
Continue Reading What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
On the crest of the FLSA collective action wave that has swept the nation in recent years is the never-ending parade of exemption misclassification cases targeting Manager/Assistant Manager positions. In
Continue Reading Payless Shoes Settles Another FLSA Executive Exemption Misclassification Suit
I have written that it is a rarity that a class is denied conditional certification in a FLSA collective action. When that happens, it is (often) the result of the
Continue Reading Home Goods Assistant Managers Denied FLSA Conditional Certification
In FLSA collective action cases, there has been a doctrine of law prevalent for a number of years. Federal claims and state law claims are not compatible and cannot be
Continue Reading Third Circuit Rules FLSA and State Wage Claims Are Not Incompatible: A Brave New (And Dangerous) World
I have written several times about Assistant Manager class actions being quite difficult to defend because these employees often perform a great deal of “subordinate” type work, making the issue
Continue Reading Lessons To Be Learned From Another Successful Defense Of An Assistant Manager Class Action
After a three-week jury trial, Southern New England Telephone Company has won a verdict finding that employees who were titled as field managers and classified as exempt, were in fact
Continue Reading Assistant Manager Exemption Case Goes For The Employer: A New Day Dawns!
In Florida, an Assistant Manager has filed a class action against RadioShack Corporation, alleging that the company has misclassified these managers as exempt executives and has not paid them overtime.
Continue Reading Assistant Manager Saga Continues: Radio Shack Hit (Again)
In yet another case involving Assistant Managers, the named plaintiff in a exemption misclassification case has moved for conditional certification, after successfully defeating the defendant-employer’s Rule 68/Offer of Judgment strategy.
Continue Reading The Offer Of Judgment: Sometimes The Magic Works, Sometimes It Doesn’t
In yet another case involving Assistant Managers, the named plaintiff in a exemption misclassification case has moved for conditional certification, after successfully defeating the defendant-employer’s Rule 68/Offer of Judgment strategy.
Continue Reading The Offer Of Judgment: Sometimes The Magic Works, Sometimes It Doesn’t