Where a plaintiff files a FLSA (or other statutory wage hour) lawsuit, he may well file state law, tort-like claims, such as unjust enrichment, breach of contract, fraud and others.
Continue Reading Defense Counsel Should Always Consider Preemption Motions To Dismiss In FLSA Cases When State Common Law Claims Are Asserted
U.S. District Court for the District of New Jersey
Yet Another Assistant Manager Collective Action: Will They Never End?
By Mark Tabakman on
I have often written about the scourge of Assistant Manager class actions. The employee category is particularly subject to this kind of lawsuit as these workers often perform some…
Continue Reading Yet Another Assistant Manager Collective Action: Will They Never End?
Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!
By Mark Tabakman on
There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New…
Continue Reading Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!
A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit
By Mark Tabakman on
I always look for the easiest way out of a FLSA lawsuit. I use the word “easiest” in the most generic sense, as no magic bullet defense is truly easy.
Continue Reading A Lesson for Employers – Take the Easy Way Out: No Jurisdiction in FLSA Lawsuit
New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend?
By Fox Rothschild LLP on
Corinne Burzichelli writes:
The issue of the exempt status of financial services employees has been explored in numerous cases for many years and in different parts of the country. Now,…
Continue Reading New Jersey Federal Court Finds Financial Advisers Exempt as Administrative Employees: A Trend?
Another Bimbo Bakeries FLSA Collective Action: It Is Possible To Fix!
By Mark Tabakman on
A putative class of delivery truck drivers has filed a collective action FLSA lawsuit against Bimbo Bakeries, alleging a failure to pay overtime. The case is entitled Oddo et al. …
Continue Reading Another Bimbo Bakeries FLSA Collective Action: It Is Possible To Fix!
Intern-Employee FLSA Case Dismissed Because Clinical Experience Is Not “Work”
By Mark Tabakman on
In Atkins v Capri Training Center, in the District of New Jersey, Judge Susan Wigenton considered a Motion to Conditionally Certify a Collective Action. Capri was a for-profit corporation…
Continue Reading Intern-Employee FLSA Case Dismissed Because Clinical Experience Is Not “Work”