I have blogged about many off-the-clock cases; they can be troublesome to defend, especially in the absence of accurate time records. Another example has emerged. Three former employees of
Continue Reading Franchise Store Hit With Class Action: Can The “Parent” Be Brought In?
Off-the-Clock Work
Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit
Usually, when a party does not respond to discovery requests, it can face sanctions, including the dismissal of the case (if he/they are the plaintiff(s). Well, that truism took a…
Continue Reading Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit
The Magic Bullet: Need For Individual Analysis Dooms FLSA Collective Action Motion for Certification
Some months back, I blogged about a FLSA class action filed against Life Time Fitness based on a theory that personal trainers were compelled to work off-the-clock and were not…
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Judge Denies Class Certification Motion In Goodyear Suit: No Common Issues Exist!
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…
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A Great Victory! Federal Judge Rules Against Plaintiffs In Off-Duty BlackBerry Use Trial
I have followed this case closely for some time, I blogged in September that I thought the City of Chicago had positioned itself in the most favorable position, with the…
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Ho, Hum: The Number of Wage Suits Rises Again.
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…
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Let’s Work Out! Off-The-Clock Work Class Action Hits Life Time Fitness
I just posted last week about an off-the-clock FLSA class action case. Well, maybe it’s the season, or the leaves changing color, but another such case has recently started to…
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Parking Attendants Who Do On-Location Work Sue CBS For Overtime
I have blogged a lot and given numerous presentations on the dangers of off-the-clock work time FLSA lawsuits. They are proliferating at a geometric rate and there seems no abatement…
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“Suffer or Permit” Case Again Shows Danger Of Implicitly Requiring Overtime
I have often warned clients that simply having a policy against working unauthorized overtime does not immunize an employer against a successful lawsuit claiming payment for off-the-clock work. A recent…
Continue Reading “Suffer or Permit” Case Again Shows Danger Of Implicitly Requiring Overtime
Carnival Workers Get Conditional Certification In Case Where Lawyers Sought To Depose Their Own Lead Plaintiff
A few weeks ago, I posted about the unique (i.e. strange) situation of the plaintiff’s lawyer in this case seeking to depose his own client. There has been a…
Continue Reading Carnival Workers Get Conditional Certification In Case Where Lawyers Sought To Depose Their Own Lead Plaintiff