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
Sales Representatives Get Certification On Failure To Include Commissions In Overtime Class Action: A Cautionary Tale
It is vital for employers to remember that when non-exempt employees earn commissions, those commissions must be included in the computation of their regular rate when they work overtime. The
Continue Reading Sales Representatives Get Certification On Failure To Include Commissions In Overtime Class Action: A Cautionary Tale
Case Interpreting FLSA Highly Compensated Exemption Takes Interesting Slant
There has not been much litigation over the HCE, the so-called Highly Compensated Employee exemption under the FLSA. Recently, an interesting case explored the issue of whether commission payments can
Continue Reading Case Interpreting FLSA Highly Compensated Exemption Takes Interesting Slant
What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
There have been many class actions concerning the job title “Assistant Manager” and this malady has risen again. The chain, Hooters, has been sued in a nationwide collective action that
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Commission Sales Representatives Seek Conditional Certification in FLSA Collective Action: Is There A Defense?
A group of sales representatives for a car dealership have requested conditional certification in a Fair Labor Standards Act case. The employees allege that they were paid less than minimum
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Texas Case Poses Interesting Twist On FLSA Section 7(i) Commission Exemption
A Texas federal court handed a quick win Wednesday to a class of trainers claiming Gold’s Gym unfairly denied
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The Magic Bullet: Need For Individual Analysis Dooms FLSA Collective Action Motion for Certification
Some months back, I blogged about a FLSA class action filed against Life Time Fitness based on a theory that personal trainers were compelled to work off-the-clock and were not
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Let’s Work Out! Off-The-Clock Work Class Action Hits Life Time Fitness
I just posted last week about an off-the-clock FLSA class action case. Well, maybe it’s the season, or the leaves changing color, but another such case has recently started to
Continue Reading Let’s Work Out! Off-The-Clock Work Class Action Hits Life Time Fitness
Commissions: How Do They Work?
Sales employees are generally compensated with commission compensation structures. Sometimes a commission is paid in addition to a salary, other times its paid instead of salary. The tech industry employs
Improper Overtime Calculation Leads to FLSA Collective Action
A federal judge has agreed to a settlement between the parties in a Fair Labor Standards Act (“FLSA”) collective action where a group of former employees sued the employer, a
Continue Reading Improper Overtime Calculation Leads to FLSA Collective Action