I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will
Continue Reading Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme
The New Jersey Wage Theft Act was passed in August 2019. One of the things it did was stretch the statute of limitations from two years to six years. Since
Continue Reading New Jersey Appellate Decision Lengthens Statute of Limitations: HorribleWhen 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
Continue Reading Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
Every time a plaintiff files a FLSA lawsuit, they seek a third year, one longer than the usual two year statute of limitations, claiming that the violations were “willful.” It
Continue Reading Second Circuit Takes Hard Line On FLSA Willfulness Standard: Defense Practitioners Given A New Weapon!
Last year, in August, the State of New Jersey enacted the Wage Theft Act (“WTA”) which strengthened the wage hour protections for employees across the State, including expanding the statute
Continue Reading New Jersey Wage Theft Act Is Not Retroactive: I Am Not Surprised
The legal world is abuzz with the ripples created by a recent US Supreme Court decision on the statute of limitations in class actions. A recent post in the Epstein
Continue Reading New Supreme Court Class Action Ruling A Boon For Employers
Whenever a class action is defended, the main defense is, always, too much individual scrutiny is needed to allow a class to be formed. This is exactly what a group
Continue Reading Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
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
Continue Reading Ho, Hum: The Number of Wage Suits Rises Again.
In most (if not all) FLSA cases I handle, whether single plaintiff or collective action, there is usually a State of New Jersey cause of action set forth as Count
Continue Reading Motion To Dismiss New Jersey State Overtime Claim in FLSA Case: Why Do It?
In an important decision, a New Jersey federal district court has ruled that the statute of limitations for claims under the New Jersey Wage Payment Act is six years, not
Continue Reading Federal Court Settles New Jersey Wage Payment Law Statute of Limitations