FLSA

The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a

Continue Reading The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model

I read an interesting blog post by Epstein Becker on the misunderstood issue of gap time and what that means for employers.  It notes that employees must be paid overtime

Continue Reading Gap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is Located

I have defended numerous FLSA class actions and a big reason that these cases settle is due to the fee-shifting nature of the statutes involved.  A defendant employer not only

Continue Reading Attorneys’ Fees Can Be Won By Plaintiffs Even If Some Claims Are Defeated Or Withdrawn: What’s Going On?

“The dog ate my homework” is a common refrain of school children throughout the ages.  Well, there is an adult version of that scenario, such as in this case, where

Continue Reading Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs

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 Duty

Naturally, an employee who is to testify in a FLSA action cannot be retaliated against.  Does that protection extend to someone who makes it known that they want to join

Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval.  There have been some courts that have ruled that parties

Continue Reading The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention