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
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Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!
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
Continue Reading Third Circuit Shoots Down Exorbitant Demand For Attorneys’ Fees Where Plaintiffs Win Only A Few Thousand Dollars: There Is Hope!
Third Circuit Rest Break Case Has Different Slant
It is well-established that short rest breaks, so-called coffee breaks, are compensable under the Fair Labor Standards Act. In a variation on this age-old theme, in a unique set of
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Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions
In every FLSA class action I have defended (as well as every demand letter I have seen on this subject) the plaintiff’s lawyer always alleges that the violations were “willful.”
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Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation
I always look for a preemption defense when I am defending a FLSA collective action, whenever there is a labor contract involved. What a magic bullet that is—get rid of
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Bigger Rigs Are Better In the Trucking Industry, Says the Third Circuit
In March, the Third Circuit joined other circuits in its ruling in McMaster v. Eastern Armored Services, Inc. that trucking
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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
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