When the USDOL self-reporting program was announced, I was highly skeptical. Even though there seemed to be assurances that no undue enforcement actions would be taken, it just did not
Continue Reading Payroll Audit Independent Determination Program Is a Bust… for an Obvious Reason!
collective action
Pandemic Instigates First of (Probably) Many Lawsuits on Wage Payment
By Fox Rothschild LLP on
Well, here we are, still in the midst of this horrible COVID-19 pandemic, staying home, scared to go out, wearing masks and gloves, but yet, the first lawsuit(s) involving virus…
Continue Reading Pandemic Instigates First of (Probably) Many Lawsuits on Wage Payment
Flimsy Affidavit From Named Plaintiff Insufficient to Secure Conditional Certification in FLSA Collective Action: A Case for Sanity!
By Mark Tabakman on
It seems that plaintiffs (and their lawyers) think that all they have to do to get conditional certification is throw up a flimsy Affidavit from the named plaintiff and the…
Continue Reading Flimsy Affidavit From Named Plaintiff Insufficient to Secure Conditional Certification in FLSA Collective Action: A Case for Sanity!
Judge Signals Change on Certification Decision and Then Case Quickly Settles
By Mark Tabakman on
It is fairly easy for a plaintiff to get conditional certification in a FLSA class action case, but that is not the end of the story. The next step, much…
Continue Reading Judge Signals Change on Certification Decision and Then Case Quickly Settles
Joint Employer Angle Gives Interesting Twist to FLSA Truck Driver Collective Action
By Mark Tabakman on
The whole trick for a plaintiff (and his lawyers) in a FLSA collective action case is to try to get conditional certification. Once that happens, the stakes automatically escalate for…
Continue Reading Joint Employer Angle Gives Interesting Twist to FLSA Truck Driver Collective Action
Another Automatic Lunch Deduction FLSA Collective Action: How Many Times Does It Have to Happen?
By Mark Tabakman on
I have blogged numerous times about these automatic lunch deduction cases and have suggested remedies. Yet, these cases proliferate. Another very recent example is that of a hospital that has…
Continue Reading Another Automatic Lunch Deduction FLSA Collective Action: How Many Times Does It Have to Happen?
Employers Must Be Aware of “Sneaky” Working Time FLSA Collective Action Cases
By Mark Tabakman on
I continue to blog about working time cases because these are the kind of lawsuits that can sneak up on an employer who does not realize that a certain pre-shift…
Continue Reading Employers Must Be Aware of “Sneaky” Working Time FLSA Collective Action Cases
Court Refuses To Award Liquidated Damages in FLSA Collective Action Even After Finding Employer Did Not Pay Proper Overtime
By Mark Tabakman on
What scares me the most about a USDOL audit or a FLSA lawsuit is the threat of liquidated damages. These damages, which double the wages due, are imposed almost routinely…
Continue Reading Court Refuses To Award Liquidated Damages in FLSA Collective Action Even After Finding Employer Did Not Pay Proper Overtime
Employee Status Will Not Be Determined by Judge in Conditional Certification Stage in FLSA Collective Action
By Mark Tabakman on
There is no industry that is immune to wage hour or FLSA actions, including amateur sports leagues. In an interesting case, a federal Judge has granted conditional class certification to…
Continue Reading Employee Status Will Not Be Determined by Judge in Conditional Certification Stage in FLSA Collective Action
Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!
By Mark Tabakman on
I often preach that, when dealing with a class action, the employer should try to pick off the named plaintiff, perhaps overpaying to do so (or maybe not). In this…
Continue Reading Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!