collective action

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?

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

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

The retail industry is notoriously prone to FLSA collective action misclassification lawsuits because there are many levels of management, especially so-called lower management, where the employees may/may not discharge actual/true…
Continue Reading Another Retail Industry FLSA Collective Action On Misclassification Settles: What Employers Should Do To Be Proactive

Working time claims/lawsuits take many forms and often arise out of seemingly unlikely circumstances.  In a recent case, the Third Circuit ruled that temporary workers brought in to take over…
Continue Reading FLSA Collective Action Travel Time Case Illustrates Nuances Of “Working Time” Conundrum

Many employers these days have timekeeping systems that deduct time (e.g. thirty minutes) for lunch on a daily basis.  There is an inherent danger in doing this, as employees may…
Continue Reading Collective Action On Automatic Lunch Deductions Settles: We’ve Seen This Before (Many Times)