I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most well-intentioned employers sometimes will not consider the nuances and vagaries of overtime calculations under the FLSA and a class action is the result. In this

The issue of whether expense reimbursements should be included as “wages” when computing the regular rate for overtime has been around for many years. Sometimes, an employer will seek to “disguise” wages as expenses in order to avoid overtime. Sometimes, expense reimbursement is just that. These principles are possibly to be explored by the US

The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing time, vaccination time. A class action has been recently filed, seeking compensation for workers in a meatpacking plant who want pay for time spent being

In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of whether a class should be certified prior to a trial commencing on the collective claims of the class. The Court sternly warned that if this

When I, as a management-side practitioner, defend a FLSA class action, the contingency I fear is that a court might find that the violation was “willful,” thereby extending the two-year statute of limitations to a third year. A recent case shows just how hard a defendant will fight against that third year. In this case,

The issue of misclassification of workers as exempt when they might not be has been around for a very long time. Another class of such workers has been certified in the health care industry. The federal Judge has granted final certification to two classes of workers claiming they are entitled to overtime. The classes will

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 suits claims for overtime violations “for and in behalf of’ themselves and other “similarly situated” employees. Often, in these cases, there are but a few

I have blogged many times about cases where relatively small amounts of compensation, bonus type compensation, are not included when an employer calculates the regular rate for overtime and a class action ensues. Now, this is happening with COVID-related bonuses and extra monies. A recent example is a case where a group of workers have

A big part of defending any wage hour case and settling such a case is the issue of attorneys’ fees for the plaintiff’s lawyer. Plaintiff attorneys are always having grandiose notions of what they are entitled to and these issues often become the deal breaking issue of the litigation. Well, maybe us defense lawyers are