In any litigation, obviously, the plaintiff(s) bear an initial burden of proof that must be met before the burden shifts to the defendant to rebut. In a Fair Labor Standards
Continue Reading Employees Can Keep FLSA Action Alive Without Specifying (Extra) Hours Worked: Am I Hearing Correctly?
In exemption cases (or lawsuits), a title means nothing. You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed
Continue Reading Exemption Determinations Rely On Actual Duties Performed—What Is The Primary DutyHow many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against
Continue Reading Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!
Many industries and businesses are seasonal and I have been often approached with a client question to the effect of whether the client can change the exempt status of workers,
Continue Reading Changing Employees From Exempt to Non-Exempt “With the Season” Is Legal!
I have written a number of times about law firms that have been sued in FLSA actions. Another example. Employees have sued two Florida personal injury law firms, alleging that
Continue Reading More Law Firms Hit With FLSA Misclassification Claims: A Cautionary Tale
I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to
Continue Reading Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)
You know, law firms are not immune from FLSA issues merely because they are law firms and may be allegedly endowed with some superior knowledge of laws. A recent case
Continue Reading Law Firm Misclassifies Secretary As Exempt And Now Must Pay Overtime
I have blogged so many times about Assistant Manager class actions. I never seem to get tired of it because there is a never-ending “supply” of them. Guess what. Another
Continue Reading Interesting Tactic in FLSA Collective Action—Pre-Litigation Settlement Talks
I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the
Continue Reading Business Groups Want Fast Hearing On DOL Changes: Hope They Get It!
For the last several months, I have been talking to and advising clients on strategies to deal with the advent of the new FLSA salary regulations, i.e. the $913 per
Continue Reading Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility?