In class actions there is always a named plaintiff (or two or three, etc).  That person acts as the class representative and is the “flagship” for the entire case.  When that individual does something to jeopardize their status as such a “representative,” the entire case might go away.  That is precisely what happened in a

The health care industry seems to be ground zero for a particular kind of class action lawsuit.  Many of these health care institutions have policies where a thirty-minute lunch period is automatically deducted from the daily scroll of hours.  This is quite understandable, from an operational perspective, as it usually is difficult for employees to

Are two lawsuits better than one?  Not for the employer, I can tell you that.  A very interesting case is working its way through the federal courts now, where the US Department of Labor wants to take over a private lawsuit that has been filed alleging Fair Labor Standards Act violations.  The government is contending

I have defended many cases in which the employee(s) claim they worked through lunch and are owed wages (or, usually, overtime).  These cases are usually difficult to defend unless the employer either compels employees to punch out and in for lunch or has another kind of fail-safe mechanism to account for this time, if legitimately

Over these last years, there have been a number of lawsuits by domestic employees against their employers and I have defended some of those.  They present a unique kind of case as these domestic servants are usually on very close terms with their employers, not the typical employer-employee relationship, but then, something happens and it

The FLSA contains a number of provisions that enable employers to manage, if not reduce, overtime costs.  One of these is called a pre-payment plan.  Under a Pre-Payment Plan, an employer pays anticipated overtime in advance in order to maintain the employee’s wage or salary level constant from pay period to pay period.  Excess payments