collective action

I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved.  A defendant employer not only

Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in

Continue Reading Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins

Naturally, an employee who is to testify in a FLSA action cannot be retaliated against.  Does that protection extend to someone who makes it known that they want to join

Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

The issue of payment (or not) for undergoing security checks has been a hot item of late, especially since the US Supreme Court issued its momentous decision in Integrity Staffing
Continue Reading FLSA Collective Action Seeks Payment For Time Spent Undergoing COVID Screen: I Don’t Think So!

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