Overtime

The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a

Continue Reading The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model

I read an interesting blog post by Epstein Becker on the misunderstood issue of gap time and what that means for employers.  It notes that employees must be paid overtime

Continue Reading Gap Time Claims: What Are They And Can Employees Recover Back Wages For Them? Depends On Where The Employer Is Located

I always tell clients it is not enough to “merely” comply with the Fair Labor Standards Act on wage-hour issues.  I always tell them that they must comply with State

Continue Reading Compliance With The FLSA Is Not Enough—Be Aware Of State Laws As Well!

Of the three so-called white collar exemptions, the administrative is the grayest and the most difficult for an employer to prove.  This is because such a worker does not usually

Continue Reading The Quagmire Of The Administrative Exemption: The Saga Of White Collar Production Workers

“The dog ate my homework” is a common refrain of school children throughout the ages.  Well, there is an adult version of that scenario, such as in this case, where

Continue Reading Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs

“I am angry and I don’t know what to do with my anger!”  This is a line from the movie, The Big Chill, one of my favorites.  It also

Continue Reading Automatic Lunch Deduction Policy (Again) At The Center of FLSA Working Time Class Action: Stop The Madness!

I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike.  On that

Continue Reading The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace

In exemption cases (or lawsuits), a title means nothing.  You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed

Continue Reading Exemption Determinations Rely On Actual Duties Performed—What Is The Primary Duty