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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FLSA Collective Action Seeks Payment For Time Spent Undergoing COVID Screen: I Don’t Think So!
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
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FLSA Misclassification Case Highlights The Vagaries Of The Administrative And Professional Exemptions
There are certain industries or fields where misclassification issues are prevalent because the nature of the duties of the workers “seems” to smack of exempt work but then there is
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Health Care Industry FLSA Collective Action Focuses On Exempt Status Of Care Coordinators
Another exemption lawsuit has been filed. What else is new? This time, a group of nurses and care coordinators determine who analyze requests for coverage from health care providers have
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Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
The employer who is fighting a collective or class action must make the argument that there is too much of a need for individual scrutiny to allow a class to
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Employees Working In Slaughterhouse Settle FLSA Overtime Case: When Will Employers Learn?
It is amazing to me that employers still do not understand that there exists an inviolate obligation on their parts to pay proper overtime. It is not proper for an
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Disturbing Ninth Circuit Holding On Inclusion Of Per Diem Expense Reimbursement In FLSA Regular Rate
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.
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Fifth Circuit Issues New Test For Determining Conditional Certification in FLSA Collective Actions: I Am Giddy!
I have often lamented how easy it seems for plaintiffs to secure conditional certification in a FLSA collective action. A few Affidavits, often identical in content, are produced and then,
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Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches
The health care industry seems to be ground zero for a particular kind of class action lawsuit. Many of these health care institutions have policies where a thirty-minute lunch period
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FLSA Joint Employer Doctrine At Issue In Health Care Industry Overtime Class Action: A Warning To That Industry!
In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine. That doctrine allows
Continue Reading FLSA Joint Employer Doctrine At Issue In Health Care Industry Overtime Class Action: A Warning To That Industry!