I always look for a preemption defense when I am defending a FLSA collective action, whenever there is a labor contract involved. What a magic bullet that is—get rid of
Continue Reading Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation
Meal Breaks
Use of Fluctuating Workweek Method To Compute Damages Disallowed
By Mark Tabakman on
A group of New Jersey sales associates who work in Dish Network LLC call centers urged a federal court to confirm a $1.9 million arbitration award stemming from a proposed…
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Use of Labor Law Preemption in FLSA Case Is a Good Start
By Mark Tabakman on
Whenever a FLSA suit is lodged against a unionized employer, I always look for the possibility of a preemption defense, which will, in one fell swoop, doom the entire litigation. …
Continue Reading Use of Labor Law Preemption in FLSA Case Is a Good Start
Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions
By Mark Tabakman on
These are happy times for management side lawyers, I predict. The U.S. Supreme Court has heard oral arguments on the issue of whether utilizing the Rule 68 FRCP Offer of…
Continue Reading Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions
The California Supreme Court Makes Life Easier For Employers
By Fox Rothschild LLP on
The surprise of the recent snowstorm in Southern California was nothing compared to the shock created by the California Supreme Court in its ruling in Brinker International Inc., et al. …
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