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)
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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…
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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…
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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!
Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado
By Mark Tabakman on
This is an interesting and rather unique situation. Two lawyers who represent a putative class of workers who filed a class action under the Fair Labor Standards Act now want…
Continue Reading Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado
Employer Withholds Last Wages To Compensate It For Training Costs: Is This An Employer Expense?
By Mark Tabakman on
A thorny issue for employers is training newly hired people, then having those people quit (for whatever reason) and being stuck with the training costs. What can the employer do?
Continue Reading Employer Withholds Last Wages To Compensate It For Training Costs: Is This An Employer Expense?
Attacking the Lead/Named Plaintiff As An Inappropriate Class Representative: Another Arrow In The Employer’s Quiver
By Mark Tabakman on
One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful,…
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Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate
By Mark Tabakman on
As a general rule, employee expense reimbursements are not includible in the regular rate for purposes of overtime computation. When the reimbursements, however, are unreasonable or out of whack (i.e.
Continue Reading Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate