To me, working time lawsuits are almost the most dangerous for an employer because they often will affect many employees, lending themselves (easily) to a purported class action. A recent
Continue Reading FLSA Training Time Class Action Highlights the Nuances of ‘Working Time’ Issues
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FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!
By Mark Tabakman on
I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas…
Continue Reading FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!
Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!
By Mark Tabakman on
How many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against…
Continue Reading Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!
Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme Court Intervention
By Mark Tabakman on
There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action.
Continue Reading Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme Court Intervention
Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)
By Mark Tabakman on
I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most…
Continue Reading Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)
Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!
By Mark Tabakman on
When two entities are a joint employer, or could be deemed as such, they must aggregate the hours worked by employees at each facility in a given week. If those…
Continue Reading Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!
These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
By Mark Tabakman on
Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time”…
Continue Reading These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
By Mark Tabakman on
I have written about call center cases, which involve allegedly unpaid working time, many times. Well, they continue to pop up. In a recent case, a class of workers claim…
Continue Reading Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
By Mark Tabakman on
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…
Continue Reading Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!
By Mark Tabakman on
The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in…
Continue Reading Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!