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
Continue Reading Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
Second Circuit Takes Hard Line On FLSA Willfulness Standard: Defense Practitioners Given A New Weapon!
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!
New Jersey Wage Theft Act Is Not Retroactive: I Am Not Surprised
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
New Supreme Court Class Action Ruling A Boon For Employers
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
Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
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
Ho, Hum: The Number of Wage Suits Rises Again.
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.
Motion To Dismiss New Jersey State Overtime Claim in FLSA Case: Why Do It?
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?
Federal Court Settles New Jersey Wage Payment Law Statute of Limitations
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
Third Circuit Rules FLSA and State Wage Claims Are Not Incompatible: A Brave New (And Dangerous) World
In FLSA collective action cases, there has been a doctrine of law prevalent for a number of years. Federal claims and state law claims are not compatible and cannot be
Continue Reading Third Circuit Rules FLSA and State Wage Claims Are Not Incompatible: A Brave New (And Dangerous) World
Willfulness Issue Is Tricky In FLSA Collective Actions
When plaintiffs file a FLSA collective action, they always claim that the employer acted willfully, so the plaintiff (and class) can reap the benefit of an extra year, a third
Continue Reading Willfulness Issue Is Tricky In FLSA Collective Actions