Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join
Continue Reading How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class.
Continue Reading “Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep Them Down
There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action.
Continue Reading Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme Court Intervention
I read an interesting post in the Seyfarth Shaw blog about out-of-state employees and their ability to become part of a FLSA collective/class action. The FLSA allows individuals to bring
Continue Reading Two Federal Circuit Courts Throw Obstacles Up Against FLSA Class Action Certification: A Roadmap For Employers!
The whole trick for a plaintiff (and his lawyers) in a FLSA collective action case is to try to get conditional certification. Once that happens, the stakes automatically escalate for
Continue Reading Joint Employer Angle Gives Interesting Twist to FLSA Truck Driver Collective Action
I often preach that, when dealing with a class action, the employer should try to pick off the named plaintiff, perhaps overpaying to do so (or maybe not). In this
Continue Reading Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!
When a class action is filed, often times there are issues (for the plaintiff and their counsel) as to who should be in the class. Often, the named plaintiff will
Continue Reading Judge Allows Named Plaintiff Expansive Ability To Communicate with Potential Opt-Ins in FLSA Collective Action
Employers are always trying to cut off the head of a class action, i.e. the named plaintiff, in order to bring the case to an end. What happens when the
Continue Reading Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape
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
Continue Reading What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
There have been a number of cases in which the FLSA employee status of exotic dancers has been litigated. Well, in a very recent one, the plaintiffs’ counsel is strongly
Continue Reading In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices