I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most
Continue Reading Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)
Fair Labor Standards Act (FLSA)
Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!
By Fox Rothschild LLP on
When two entities are a joint employer, or could be deemed as such, they must aggregate the hours worked by employees at each facility in a given week. If those…
Continue Reading Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!
These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
By Fox Rothschild LLP on
Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time”…
Continue Reading These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
By Fox Rothschild LLP on
I have written about call center cases, which involve allegedly unpaid working time, many times. Well, they continue to pop up. In a recent case, a class of workers claim…
Continue Reading Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?
By Fox Rothschild LLP on
The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing…
Continue Reading Not Another Class Action Seeking Payment For COVID Testing!–Employer Compulsion The Key?
Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed
By Fox Rothschild LLP on
Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of…
Continue Reading Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed
Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
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In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of…
Continue Reading Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
Employers Beware—State Wage Hour Rules May Be Tougher Than The FLSA and Must Be Complied With
By Fox Rothschild LLP on
I always tell clients they must comply with both federal and state law, whatever State they are situate in, that complying with one is not a defense to not complying…
Continue Reading Employers Beware—State Wage Hour Rules May Be Tougher Than The FLSA and Must Be Complied With
Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
By Fox Rothschild LLP on
When I, as a management-side practitioner, defend a FLSA class action, the contingency I fear is that a court might find that the violation was “willful,” thereby extending the two-year…
Continue Reading Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!
By Fox Rothschild LLP on
The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in…
Continue Reading Health Care Client Service Managers Win Final Certification In FLSA Overtime Class Action: A Shame!