The issue of willfulness is always front and center in a FLSA litigation. In an interesting case now before a federal appellate court, the class of employees who prevailed in
Continue Reading Liquidated Damages And The CEO: When Does Personal Liability Attach?Willfulness
Defendant Cannot Disprove “Willfulness” in FLSA Class Action So Plaintiffs Get a Third Year: Should Never Happen!
By Mark Tabakman on
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!
By Mark Tabakman on
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!
USDOL States It Will No Longer Routinely Seek Liquidated Damages in Administrative Investigations: A Return to Normalcy
By Mark Tabakman on
The last several years have been quite worrisome to me, as a management side practitioner, on the issue of USDOL agency-initiated liquidated damages assessments. It used to be that only…
Continue Reading USDOL States It Will No Longer Routinely Seek Liquidated Damages in Administrative Investigations: A Return to Normalcy
Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions
By Mark Tabakman on
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.”…
Continue Reading Third Circuit Ruling Gives Employers Some Relief On “Willfulness” Claims In FLSA Collective Actions
Payless Shoes Settles Another FLSA Executive Exemption Misclassification Suit
By Mark Tabakman on
On the crest of the FLSA collective action wave that has swept the nation in recent years is the never-ending parade of exemption misclassification cases targeting Manager/Assistant Manager positions. In…
Continue Reading Payless Shoes Settles Another FLSA Executive Exemption Misclassification Suit