There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New
Continue Reading Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!
Managers
What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
By Mark Tabakman on
There have been many class actions concerning the job title “Assistant Manager” and this malady has risen again. The chain, Hooters, has been sued in a nationwide collective action that…
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Human Resource Managers, Personnel Clerks And The Administrative Exemption: Where Is The Line Drawn?
By Mark Tabakman on
Here is another exemption misclassification lawsuit, but this time coming from a different angle. This time, it is a group of human resources employees who work for Lowe’s have filed…
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Payless Shoes Settles Another FLSA Executive Exemption Misclassification Suit
By Mark Tabakman on
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…
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Who The “Employer” Is Or Is Not In An FLSA Case?
By Mark Tabakman on
A plaintiff raising FLSA claims must show that an employment relationship existed between himself and the putative employers, no matter their number. Often, a plaintiff will name an individual supervisor…
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Dollar Tree Wins De-Certification of FLSA Class Due To Need for Individual Scrutiny
By Mark Tabakman on
Maybe a trend is developing. Maybe employer-defendants are starting to turn the tide of what seems like an incessant trend towards the granting of conditional certification in FLSA cases and…
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Second Circuit Decision on Fluctuating Work Week May Be Troublesome!
By Mark Tabakman on
A few days ago, Daniel Schwartz posted in his Connecticut Employment Law Blog an article about a recent Second Circuit decision disapproving the use of the fluctuating work week (FWW)…
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New FLSA Joint Employer Test Enunciated By Third Circuit—Good News For Employers!
By Mark Tabakman on
When employees work for two ostensibly independent employers, and the aggregate hours worked exceeds forty, overtime must be paid if the employers are “sharing” the employee or both deriving benefits…
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Salary Deductions and Tracking Time: Can They Undermine Exempt Status?
By Mark Tabakman on
In order for an employee to be exempt, he must receive a set salary (as well as performing the requisite duties) and that salary cannot be subject to improper deductions. …
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Third Circuit Rules FLSA and State Wage Claims Are Not Incompatible: A Brave New (And Dangerous) World
By Mark Tabakman on
In FLSA collective action cases, there has been a doctrine of law prevalent for a number of years. Federal claims and state law claims are not compatible and cannot be…
Continue Reading Third Circuit Rules FLSA and State Wage Claims Are Not Incompatible: A Brave New (And Dangerous) World