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Wage & Hour – Developments & Highlights To Highlight Recent and Noteworthy Developments In Cases And Regulations on Wage and Hour Laws That Affect Large and Small Businesses

Tag Archives: Fair Labor Standards Act (FLSA)

Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!

Posted in Class Actions, Independent Contractor, Overtime Issues

This is an interesting case and a (possible) double victory for the employer.  A rarity.  An employer-defendant, Dynamex, Inc. has filed a motion to eliminate more than 30 opt-ins from a conditionally certified collective action under the FLSA seeking back due wages for overtime violations.  On that very day, the employer won the right to access… Continue Reading

Parties In FLSA Collective Action Stay Discovery and Will Mediate—The Smart Thing To Do (For Both Sides)

Posted in Class Actions, Exemptions, Independent Contractor, Overtime Issues

One thing about FLSA collective actions—right or wrong, win or lose, the legal fees for both sides mount up quickly and almost relentlessly.  I often counsel clients to try to get out early of such a case (especially if I perceive there to be a problem, where there usually is).  Well, the parties in a… Continue Reading

Hock Shop Employees Get Conditional Certification For One Group But Not For Another: An Interesting Twist

Posted in Class Actions, Exemptions, Overtime Issues

A group of hourly employees working for the pawnshop chain Gem Financial Services Inc. have been granted conditional certification in a Fair Labor Standards Act action; their allegation is (as usual) unpaid overtime.  The federal Judge ruled that the workers had presented sufficient evidence at this early juncture to show that a common compensation policy… Continue Reading

Morgan Stanley Settles Four Collective Actions: The Specter of Off-the-Clock Lawsuits Continues to Haunt

Posted in Class Actions, Working Time

The financial giant Morgan Stanley announced that it will settle four FLSA collective actions for six million dollars; the suits, filed by financial adviser trainees, alleged that they were not paid overtime properly.  The case is entitled Devries v. Morgan Stanley & Co. LLC et al. and was filed in federal court in the Southern… Continue Reading

Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification

Posted in Class Actions, Overtime Issues

Whenever a class action is defended, the main defense is, always, too much individual scrutiny is needed to allow a class to be formed.  This is exactly what a group of defendants has just now urged a California federal court to find and thus decertify a conditional class of workers claiming they were denied overtime… Continue Reading

House Committee Hears Doomsday Predictions on Impact of New FLSA Rules

Posted in Exemptions, Overtime Issues

Now that the new DOL exemption rules have issued, commentators have had time to reflect on what these changes may mean for business.  A few days ago, a House of Representatives committee heard that the new rules will hinder the ability of businesses to offer flexibility and advancement to newly overtime-eligible workers.  To the contrary,… Continue Reading

How To (Start To) Prepare For the New FLSA Exemption Guidelines

Posted in Exemptions, Overtime Issues

With the advent of the USDOL’s newly proposed classification rules, implementing the new salary threshold to $913 per week, employer groups and counsel have been straining to determine the best way to react to this development.  This can be, according to some commentators, a daunting task.  What is important is that there are several months… Continue Reading

Big Time Sand Trap: Golf Course Hit With Misclassification FLSA Collective Action

Posted in Independent Contractor

No industry or business is immune to FLSA collective actions.  What better proof of this than the fact that a Florida resort and golf course management company were sued in a proposed collective action in federal court.  The theory is that the caddies were really employees, not independent contractors and that the employers deprived the… Continue Reading

Miami Vice: Numerous FLSA Actions Are Filed In Florida

Posted in Class Actions

Although there are FLSA actions brought all over the country, the statistics show that the Southern District of Florida is the (dubious) leader in such suits.  Commentators attribute this disproportionate number to the “pervasive” existence of unsophisticated small businesses employing immigrant workers and, importantly, a skilled and aggressive plaintiffs’ bar that are knowledgeable in FLSA… Continue Reading

Law Firm Settles Administrative Exemption Case: What Is “White Collar Production Work?”

Posted in Class Actions, Exemptions

This one is an interesting case.  A law firm, Morgan & Morgan, PLLC has just settled a class action arising from within its own house.  The law firm classified employees titled Case Managers as exempt.  The employees sued, claiming misclassification. Now, in a joint motion the law firm and employees have asked a federal judge… Continue Reading

Horseshoe Casino Settles FLSA Class Action by Table Games Supervisors

Posted in Class Actions, Exemptions

The vast majority of FLSA class actions result in settlements, as few employers, frankly, are hardy enough to go to trial and risk even more.  An interesting settlement has just been announced.  A putative class of casino workers and the Company have requested that a federal court grant preliminary approval to a settlement that resolves… Continue Reading

Supreme Court Speaks To the Ability of Defendants To Use Rule 68 Offers To Moot Class Actions

Posted in Class Actions

I have myself successfully utilized the Offer of Judgment procedure in FLSA cases and often blogged about these so-called “pick off” actions.  Now the Supreme Court has weighed in.  The Court has (perhaps) dealt a significant blow to the ability of class action defendants to “pick off” named plaintiffs by offering them complete relief for… Continue Reading

FLSA Lawsuit Against Quest Diagnostics Alleges Failure To Include Non-Discretionary Bonuses In Regular Rate

Posted in Class Actions, Overtime Issues

When employers calculate overtime, and what the regular rate will be for the overtime, they must ensure that they include all “extra” payments, like commissions, or earned or promised bonuses, when they pay the overtime.  Failure to do so is a violation of the Fair Labor Standards Act.  To prove the point (hopefully not!), Quest… Continue Reading

Judge Denies Class Certification Motion In Goodyear Suit: No Common Issues Exist!

Posted in Class Actions, Overtime Issues

I often (happily) blog about employer victories in defeating efforts of plaintiffs to secure conditional certification in FLSA overtime cases.  Well, another victory has come down the pike.  A federal judge has just denied a motion for conditional certification, finding (as is often the case) that common issues among the putative class did not predominate. … Continue Reading

The Motor Carrier Exemption: The Doctrine of Practical Continuity

Posted in Exemptions, Overtime Issues

The motor carrier exemption under the FLSA exempts from overtime those employees for whom the Secretary of Transportation has power to establish qualifications and maximum hours of service.  The employees must be: (1) employed by carriers whose transportation of passengers or property by motor vehicle is subject to the Secretary’s jurisdiction under the Motor Carrier… Continue Reading

Ho, Hum: The Number of Wage Suits Rises Again.

Posted in Class Actions, Independent Contractor, Overtime Issues, Working Time

Guess what?  Wage suits are increasing.  Hardly a surprise.  A recent study shows that wage-hour lawsuits were up about 8 percent over last year, which may stem (in part) from the recent USDOL initiatives on revising the FLSA exemption regulations and its “white paper” on independent contractor issues.  There is also the problem with applying… Continue Reading

You Need Brakes and Tires!  Supreme Court May Decide Exempt Status of Auto Dealer Service Advisers

Posted in Exemptions

Exemption issues are very tricky and very fact sensitive.  Given that, courts in different jurisdictions can come down differently on the same issue and then the US Supreme Court is called upon to resolve this difference in the federal Circuit (i.e. appellate) courts.  With the job category known as “service advisers” in auto dealers, this… Continue Reading