In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of
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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
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Second Circuit’s Review of Position Description Determines Outcome in FLSA Outside Sales Class Action
This is an interesting case. A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description
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Happy Birthday FLSA: Eighty And (Maybe Not) Still Going Strong!
The Fair Labor Standards Act is eighty years old this month and commentators strongly suggest that the law needs updating in many areas.
My colleague Tammy McCutchen stated that a
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Eddie Bauer Security Check Waiting Time Case Gets Certification: What Is “Working Time”?
What is working time? There are many variations on this theme, some far grayer than others. When does waiting time become working time? Is the employee engaged to be waiting
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Hock Shop Employees Get Conditional Certification For One Group But Not For Another: An Interesting Twist
A group of hourly employees working for the pawnshop chain Gem Financial Services Inc. have been granted conditional certification in a Fair Labor Standards Act action; their allegation is (as
Continue Reading Hock Shop Employees Get Conditional Certification For One Group But Not For Another: An Interesting Twist
Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
Whenever a class action is defended, the main defense is, always, too much individual scrutiny is needed to allow a class to be formed. This is exactly what a group
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Miami Vice: Numerous FLSA Actions Are Filed In Florida
Although there are FLSA actions brought all over the country, the statistics show that the Southern District of Florida is the (dubious) leader in such suits. Commentators attribute this disproportionate
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The Latest Developments in Rule 68 Law and Procedure for FLSA Actions
The recent US Supreme Court decision in Campbell-Ewald Co. v. Gomez, No. 14-587 (Jan. 20, 2016) resolved a split in holding that an unaccepted Rule 68 offer of judgment
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It’s Playoff Time For the Buffalo Jills: Cheerleaders Claim They Are Not Independent Contractors
There is, as we all know, an insane amount of litigation on independent contractor issues. These controversies can emanate from any industry and there is no business that is
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