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?
It is always the employer’s burden of proof to prove an exemption under the Fair Labor Standards Act (FLSA), but there is controversy over what that evidentiary standard should be.
Continue Reading What Is The Burden Of Proof For Employers On Exemption Questions: The Fourth Circuit Chimes In
I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance
Continue Reading The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that
Continue Reading Will These Working Time Call Center Cases Ever Stop? I Bet Not!
Plaintiff lawyers are always asserting that every single alleged wage hour violation is “willful” so when they start negotiating a settlement (or trying to) they always start from that position
Continue Reading In An FLSA Case, Just Because The Plaintiff Says It’s Willful Does Not Make It So!
In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it
Continue Reading Federal Preemption Defense In FLSA Lawsuit—Good Tactic!
Another working time case where the allegation is workers being compelled to work through lunch. Seems that the health care industry is prone to this as I have blogged about
Continue Reading Yet Another Automatic Lunch Deduction Case Shows Need For Fail Safe Policy!
I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will
Continue Reading Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme
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