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
Conditional Certification
Another Construction Industry Wage-Hour Lawsuit: The Trend Continues
By Mark Tabakman on
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…
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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!
Another FLSA Misclassification Case in the Energy Industry: A Continuing (and Troubling) Phenomenon
By Mark Tabakman on
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
Another Assistant Manager FLSA Class Action Goes Down—When Will They Ever Learn?
By Mark Tabakman on
I love Assistant Manager class actions because it gives a defense lawyer a “golden” opportunity to defeat class certification by asserting that too much individual scrutiny is required to allow…
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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
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…
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Yet Another Store Manager FLSA Lawsuit: The Hits Just Keep On Coming
By Mark Tabakman on
When will employers learn? They keep classifying retail Store Managers and Assistant Managers as exempt, when these workers are often misclassified, not intentionally, but because the nature of their duties…
Continue Reading Yet Another Store Manager FLSA Lawsuit: The Hits Just Keep On Coming
Third Circuit Rules on Two Class Actions in Same Decision and Opines on Doctrine of Pendant Jurisdiction
By Mark Tabakman on
In a very interesting and off-beat decision, the Third Circuit has thrown out one class of loan officers who alleged misclassification but let stand the lower court’s decision that certified…
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FLSA Proposed Class Cut By Judge Who Found Dissimilarities Among Workers
By Mark Tabakman on
Often, when a class of workers petitions for conditional certification in FLSA collective action, and such certification is granted, it usually is for the entire class being asked for. Sometimes…
Continue Reading FLSA Proposed Class Cut By Judge Who Found Dissimilarities Among Workers