Most wage-hour class actions settle, usually with the lead plaintiff getting an extra sum of money for leading the “good fight.” In any such action, the Judge has to approve the settlement. Well, sometimes a Judge does not like what is in the settlement and will reject it. That is exactly what has happened in

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 alleges the Company misclassified assistant store managers, calling them supervisors, in order to avoid paying overtime.  The case is entitled Stirewalt et al. v. Hooters

Usually, in FLSA cases, no emotional damages are allowable in retaliation cases.  Perhaps that inviolate principle is now changing.  In an important case, the Fifth Circuit has recently held that “an employee may recover for emotional injury resulting from retaliation” under the Fair Labor Standards Act in Pineda, et al. v. JTCH Apartments LLC. 

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The financial giant Morgan Stanley announced that it will settle four FLSA collective actions for six million dollars; the suits, filed by financial adviser trainees, alleged that they were not paid overtime properly.  The case is entitled Devries v. Morgan Stanley & Co. LLC et al. and was filed in federal court in the Southern

FLSA lawsuits are exploding – on nationwide basis annual FLSA filings have increased more than 400% since 2001.  The vast majority of these actions ultimately result in a settlement. The question has now been raised as to whether the FLSA settlements can result in an overpayment of class counsel providing them with “more than a

In a rather new twist on the working time class action trend, Southwestern Bell Telephone Co. is being sued in a Fair Labor Standards Act (“FLSA”) collective action, where the underlying theory is that the company has denied union representatives compensation for their time performing union-related duties.  The case is entitled Kayser et al. v.