When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class.
Continue Reading “Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them Down
Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist
When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is
Continue Reading Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist
Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme Court Intervention
There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action.
Continue Reading Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme Court Intervention
Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out
I read an interesting article in the Morrison & Foerster blog the other day about a case where a class was de-certified because it appeared there was a problem with
Continue Reading Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out
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
Continue Reading Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
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,
Continue Reading Fifth Circuit Issues New Test For Determining Conditional Certification in FLSA Collective Actions: I Am Giddy!
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
Continue Reading Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches
Another Construction Industry Wage-Hour Lawsuit: The Trend Continues
The construction industry has had a long history of wage violations, whether of prevailing wage laws or just “ordinary” wage hour laws. Another example of this trend has emerged in
Continue Reading Another Construction Industry Wage-Hour Lawsuit: The Trend Continues
Flimsy Affidavit From Named Plaintiff Insufficient to Secure Conditional Certification in FLSA Collective Action: A Case for Sanity!
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!
Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon
There have been a host of wage hour cases in the energy industry and I have often commented upon these. Many concern misclassification issues and another example of this phenomenon
Continue Reading Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon