Employers often do not like to pay overtime, although they must, and they sometimes come up with creative arrangements not to do so. That is fine, until an employee, often
Continue Reading Flushed Down the Toilet: Porta Potty Company Settles FLSA Overtime Collective Action
It is no secret that most FLSA class action lawsuits settle. The costs of litigation, the fee shifting nature of the statute, plus the fact that oftentimes the merits/defenses are
Continue Reading Settlement Agreements in FLSA Cases Must Pass Judicial Scrutiny
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
I have often discussed the issue of lawsuits (usually collective actions) for off-the-clock claims and preliminary and postliminary work claimed to be compensable. These are usually mundane activities and usually
Continue Reading Another Technician Off-the-Clock Class Action: The Most Dangerous Occupation For Such Claims
A group of satellite television dish technicians suing for overtime under the Fair Labor Standards Act (“FLSA”) have been denied class certification based on the court’s finding that there was
Continue Reading Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success
When piece-rate workers work more than forty hours, the Fair Labor Standards Act has developed a formula for determining and computing their overtime pay. It is first essential, however, to
Continue Reading Satellite Dish Workers Tune In A FLSA Working Time Class Action