On the crest of the FLSA collective action wave that has swept the nation in recent years is the never-ending parade of exemption misclassification cases targeting Manager/Assistant Manager positions. In
Continue Reading Payless Shoes Settles Another FLSA Executive Exemption Misclassification Suit
Executive Exemption
Attorney Client Privilege No Defense! – Turnover of Client Communications on Exempt Status Ordered
By Mark Tabakman on
A federal judge has ordered Chipotle Mexican Grill to turn over attorney-client communications because the Company failed to meet a “good-faith” compliance requirement under federal law. This is a FLSA…
Continue Reading Attorney Client Privilege No Defense! – Turnover of Client Communications on Exempt Status Ordered
Assistant Manager Exemption Case Goes For The Employer: A New Day Dawns!
By Mark Tabakman on
After a three-week jury trial, Southern New England Telephone Company has won a verdict finding that employees who were titled as field managers and classified as exempt, were in fact…
Continue Reading Assistant Manager Exemption Case Goes For The Employer: A New Day Dawns!
Security Officers Found To Be Exempt Employees: An Interesting Twist
By Mark Tabakman on
It is often difficult to claim that security officers are exempt from overtime under the Fair Labor Standards Act. However, in a recent federal lawsuit, four officers who were employed…
Continue Reading Security Officers Found To Be Exempt Employees: An Interesting Twist
Store Managers Always Pose Thorny Issue on Exemption Question
By Mark Tabakman on
In a recent posting in the Connecticut Employment Law blog, Steve Lavelle wrote about a recent case in involving the exemption status of Store Managers for Family Dollar Stores. The…
Continue Reading Store Managers Always Pose Thorny Issue on Exemption Question
Law Firm Sued by Legal Secretary on Exemption Misclassification Theory
By Mark Tabakman on
Law firms are usually defending clients in wage-hour suits where the allegation is that the employee claims he/she has been misclassified as exempt when they are really not and are…
Continue Reading Law Firm Sued by Legal Secretary on Exemption Misclassification Theory
Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
By Mark Tabakman on
A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a FLSA collective action seeking overtime, was not able to prove that he was…
Continue Reading Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
By Mark Tabakman on
A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a FLSA collective action seeking overtime, was not able to prove that he was…
Continue Reading Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
The Department of Redundancy Department: Class Action Style
By Mark Tabakman on
In an unusual move, Rite Aid Corp. is seeking dismissal of an overtime class action filed by a former drugstore employee, asserting it is identical to another class action that…
Continue Reading The Department of Redundancy Department: Class Action Style