I have blogged several times recently on the rash of “check bag” cases that have percolated through the courts. Another example. A class of workers employed by Converse Inc. have
Continue Reading A Waiting Time/Bag Inspection Case Where The De Minimis Defense Actually Worked!
U.S. District Court for the Northern District of California
Eddie Bauer Security Check Waiting Time Case Gets Certification: What Is “Working Time”?
By Fox Rothschild LLP on
What is working time? There are many variations on this theme, some far grayer than others. When does waiting time become working time? Is the employee engaged to be waiting…
Continue Reading Eddie Bauer Security Check Waiting Time Case Gets Certification: What Is “Working Time”?
Need for Individual Scrutiny Kills FLSA Collective Action – That’s the Cure for This Disease
By Fox Rothschild LLP on
I have blogged on this topic many times but I never tire of it. What is the way to defeat a class action? The magic bullet? The answer? Too…
Continue Reading Need for Individual Scrutiny Kills FLSA Collective Action – That’s the Cure for This Disease
Airline Avoids Liability for Training Time Activity – Court Holds It Was Not “Work”
By Fox Rothschild LLP on
The issue of whether to pay for training time is a vexing one. In a recent case, a major airline avoided liability (for the most part) in a FLSA collective…
Continue Reading Airline Avoids Liability for Training Time Activity – Court Holds It Was Not “Work”
Use of Labor Law Preemption in FLSA Case Is a Good Start
By Fox Rothschild LLP on
Whenever a FLSA suit is lodged against a unionized employer, I always look for the possibility of a preemption defense, which will, in one fell swoop, doom the entire litigation. …
Continue Reading Use of Labor Law Preemption in FLSA Case Is a Good Start
Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
By Fox Rothschild LLP on
This is an interesting case and a (possible) double victory for the employer. A rarity. An employer-defendant, Dynamex, Inc. has filed a motion to eliminate more than 30 opt-ins from…
Continue Reading Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
By Fox Rothschild LLP on
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