News & Analysis as of

Fair Labor Standards Act (FLSA) Over-Time Class Action

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

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It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Fox Rothschild LLP

The “Regular Rate” For FLSA Purposes Can Be A Confusing Concept For Employers And An Expensive One!

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I read an interesting post by Frank Shuster of Constangy, Brooks, Smith on the thorny and often misunderstood issue of the “regular rate” and what that concept entails for compliance with the FLSA. Many employers,...more

Fox Rothschild LLP

Will These Working Time Call Center Cases Ever Stop? I Bet Not!

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It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that the booting up of their computers and...more

Constangy, Brooks, Smith & Prophete, LLP

“Regular rate” mistakes are low-hanging fruit. Is yours ripe for picking?

In the past week, a class action lawsuit was filed against Anheuser-Busch, alleging various violations of California’s wage and hour laws. You may ask, “What’s newsworthy about that? Aren’t hundreds of such lawsuits filed...more

Fox Rothschild LLP

Dismissal Of FLSA Class Action On Statute Of Limitations Grounds: An Interesting (And Important) Variation On The Theme

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I am always interested in statute of limitations issues and cases because it is the first defense I look to when defending a FLSA case. On occasion, a suit will be dismissed in one court for one reason or another and then the...more

Fox Rothschild LLP

Conditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit

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The Western District of Texas recently denied a plaintiff’s motion to authorize notice to a purported collective of employees in a Fair Labor Standards Act (FLSA) case in Rodney Hoffman, on behalf of himself and all others...more

Fox Rothschild LLP

The Times They Are A Changin’–A District Court Rejects The “Usual” Two Tier FLSA Class Action Certification Model

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The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily as a Santa Claus giving kids candy at...more

Nelson Mullins Riley & Scarborough LLP

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Fox Rothschild LLP

Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins

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When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in the notice that gets sent to putative class members. Often, the...more

Fox Rothschild LLP

Company Asserts “Dog Ate My Homework” Theory In Suing Its Payroll Company For Its FLSA Settlement Costs

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“The dog ate my homework” is a common refrain of school children throughout the ages. Well, there is an adult version of that scenario, such as in this case, where an employer tries to blame its payroll company for overtime...more

Fox Rothschild LLP

The Issue Of Judicial Approval On Single Plaintiff FLSA Settlements Continues To Demand Attention

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There has been a great deal of controversy over whether FLSA claims can be released absent judicial or USDOL approval. There have been some courts that have ruled that parties cannot release claims and dismiss a suit...more

Jackson Lewis P.C.

FAA’s Transportation Worker Exception Covers Airline Ramp Agents, U.S. Supreme Court Holds

Jackson Lewis P.C. on

Individuals employed as ramp workers who frequently handle cargo for an airline are “transportation workers” exempt from the Federal Arbitration Act (FAA), the U.S. Supreme Court has held. Southwest Airlines Co. v. Saxon, No....more

Fisher Phillips

Good News for Ohio Employers as Overtime Laws Will Soon Align with Federal Statute

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When Ohio Governor DeWine signed Senate Bill 47 into effect on April 6, he handed employers a big win by not only exempting overtime pay for commuting and other off-hours work but also requiring workers to affirmatively “opt...more

Epstein Becker & Green

Ohio Enacts Changes to Overtime Exemption Laws and Class/Collective Action Procedures

Epstein Becker & Green on

Earlier this month, Governor Mike DeWine signed Senate Bill (SB) 47, which formally adopted sections of the Portal-to-Portal Act (Portal Act) amendments to the federal Fair Labor Standards Act (FLSA), exempting employers from...more

Fox Rothschild LLP

“Logistics Coordinator” FLSA Class Action Illustrates That Numbers Do Not Matter, Particularly When The Employer Tries To Keep...

Fox Rothschild LLP on

When fighting a FLSA class action on an exemption issue, the employer must seek to prove all class members fit within an exemption and/or attack the legitimacy of the class. A recent case demonstrates how difficult it is to...more

Jackson Lewis P.C.

Ohio Formally Adopts FLSA’s Portal-to-Portal Act, Collective Action Opt-In Procedure

Jackson Lewis P.C. on

On April 6, 2022, Governor Mike DeWine signed Senate Bill (S.B.) 47, thereby formally adopting Sections 2 and 4 of the Portal-to-Portal Act (PPA) amendments to the federal Fair Labor Standards Act (FLSA). In addition, S.B. 47...more

Fox Rothschild LLP

Another FLSA Class Action Case Tests Exemption Status Of Nurses Who Do Not Perform Traditional Nursing Duties, With A Twist

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When Nurses are performing traditional nursing duties, there is no question that they are professionally exempt under the FLSA. When their duties vary from those usual ones, the analysis is murkier. In a case testing these...more

Jackson Lewis P.C.

Store Sampler Representatives Are Exempt Outside Salespersons, First Circuit Holds

Jackson Lewis P.C. on

Who doesn’t like free samples when shopping? But are the representatives providing those samples actually “selling” them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?...more

Fox Rothschild LLP

FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!

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I had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas industry employees who are seeking pay for their travel...more

Fox Rothschild LLP

Yet One More FLSA Class Action On Exempt Status Of Assistant Managers—Pay Them Hourly And Forget About It!

Fox Rothschild LLP on

How many Assistant Manager overtime cases can there be? There seems to be another one every five minutes. The latest iteration of this phenomenon is a FLSA class action against Burlington Coat Factory. The claim is (again)...more

Fox Rothschild LLP

Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme...

Fox Rothschild LLP on

There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action. Different Circuits have ruled differently on this crucial...more

Fox Rothschild LLP

Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29...

Fox Rothschild LLP on

I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most well-intentioned employers sometimes will not...more

Fox Rothschild LLP

Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!

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When two entities are a joint employer, or could be deemed as such, they must aggregate the hours worked by employees at each facility in a given week. If those hours exceed forty in total, then overtime must be paid....more

PilieroMazza PLLC

FLSA and Wage and Hour Issues for Restaurants

PilieroMazza PLLC on

The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more

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