Exemption class actions, i.e. lawsuits alleging misclassification, continue to pop up in different contexts and concerning different classifications. A bank has just agreed to settle a case by paying more
Continue Reading Computer Exemption Case Settles: Discretion Is The Better Part of Valor
When Does Travel Become Compensable Work Hours?
I blog a lot about working time cases because these are the issues can sneak up on an employer, even the most well intentioned and good faith employer. Travel time
Continue Reading When Does Travel Become Compensable Work Hours?
Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation
A class of equipment operators and trainees has asked a federal court to approve a $1.35 million settlement of their FLSA class action lawsuit alleging the Company did not fairly
Continue Reading Use of Fluctuating Work Week Method To Pay Overtime Must Have A Fixed Salary As The Foundation
Beauty School Students Are “Dropouts” From the FLSA According to Seventh Circuit
In the movie “Grease,” there is a song entitled “Beauty School Dropout,” sung by Frankie Avalon. Well, in a legal version of that number, the Seventh Circuit has affirmed that
Continue Reading Beauty School Students Are “Dropouts” From the FLSA According to Seventh Circuit
Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer
No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an
Continue Reading Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer
Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy
Regretfully, to my lights, conditional certification seems all too easy for plaintiffs in a FLSA collective action to secure. Are things changing? A federal judge has refused to certify a
Continue Reading Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy
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
Continue Reading Commission Sales Representatives Seek Conditional Certification in FLSA Collective Action: Is There A Defense?
In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
There have been a number of cases in which the FLSA employee status of exotic dancers has been litigated. Well, in a very recent one, the plaintiffs’ counsel is strongly
Continue Reading In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
Newly Reclassified Employees Still Seek Overtime for Alleged Earlier Misclassification: That’s Not Nice!
A group of field service engineers have filed a FLSA suit against Alcon Laboratories, on the theory that the company misclassified them as exempt employees. They seek conditional class certification,
Continue Reading Newly Reclassified Employees Still Seek Overtime for Alleged Earlier Misclassification: That’s Not Nice!
Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend?
I recently blogged about the defendants in a FLSA case being able to secure plaintiff tax returns in discovery. Maybe that was the start of a trend. In a New
Continue Reading Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend?