Unpaid Overtime

Alabama Legislative Update – Week 13: Budgets Approved, Medicaid and Tax Bills Sent to Governor Bentley

by Denise Killebrew, Dennis Nabors | Baker, Donelson, Bearman, Caldwell &... on 5/15/2013

With the constitutional deadline of midnight on the 30th day closing in, Alabama lawmakers worked at a feverish pace to complete work on some of the most substantial and controversial legislation in the 2013 session....more

Will Comp Time Become A Reality For The Private Sector?

by Staci Ketay Rotman | Franczek Radelet P.C. on 5/13/2013

On May 8, the House of Representatives passed a bill that would allow private sector employers to offer hourly workers the option of taking compensatory (“comp”) time in lieu of paid overtime. ...more

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Philly Security Guards Protest Wage Theft by Employer

by Aaron Kase | Lawyers.com on 4/16/2013

Five protestors were arrested last week in Philadelphia for blocking traffic in an effort to call attention to a crime that is a menace to hourly workers nationwide: wage theft....more

UniTek Argues $3.8M FLSA Award Cannot Stand in Light of Seventh Circuit Decertification Decision

by S. Jeanine Conley | BakerHostetler on 3/29/2013

In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC, (collectively “UniTek”) asserted that a $3.8 million judgment awarded to a class...more

Supreme Court denies banks’ appeal in overtime class actions

by Ranjan K. Agarwal | Bennett Jones LLP on 3/29/2013

Last week, the Supreme Court of Canada denied CIBC and Bank of Nova Scotia leave to appeal the decisions against them in the overtime class actions. In June 2012, the Court of Appeal for Ontario certified class actions...more

Wage Theft Law Protects Workers

by Howard Ankin on 2/25/2013

The Chicago City Council unanimously passed a wage theft law that activists hope will become the standard for protecting employees from dishonest employers across the United States. The new law states that companies who are...more

Ohio District Court Denies Conditional Certification In FLSA Case

by Greg Mersol | BakerHostetler on 2/18/2013

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

Wage and Hour Laws - Are Your Employees Exempt or Non-Exempt?

by Rebecka Whitmarsh | Wilentz, Goldman & Spitzer P.A. on 2/15/2013

Labor and employment lawyers expect the Department of Labor to increase the number of audits it conducts this year. To protect your business from lawsuits, fines and fees, you should review your exempt and non-exempt job...more

Liquidated Damages Are Not Mandatory For FLSA Retaliation Claims In Eleventh Circuit

by Scott T. Silverman | Akerman Senterfitt on 2/14/2013

Deciding an issue of first impression, in Moore v. Appliance Direct, Inc., the Eleventh Circuit has held that courts have the discretion to award liquidated damages in FLSA retaliation suits. Unlike suits for minimum wage or...more

Employment Law Newsletter: February 2013

by Laura Flynn, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 2/11/2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

Inside Sales Exemption Poorly Understood by Many Employers

by Hopkins & Carley on 2/11/2013

Over the past decade, employers have faced a continuing stream of claims alleging that employees have been misclassified as exempt from overtime compensation rules, as well as state laws regarding meal periods and rest...more

Massachusetts Wage Act Release Must Be Clear and Specific

by Mark H. Burak | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/9/2013

The Massachusetts Supreme Judicial Court recently addressed a significant issue to Massachusetts employers—whether general releases can bar employees from bringing Wage Act claims against their employers. Crocker v. Townsend...more

Seventh Circuit Holds That Individualized Damages Preclude Certification

by Mark Batten | Proskauer - Class & Collective Actions on 2/7/2013

On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification...more

The Seventh Circuit Affirms That The District Court Bit Off More Than It Could Chew By Affirming Decertification In Collective...

by Jeffrey Vlasek | BakerHostetler on 2/7/2013

Hollywood certainly believes that it’s often easier to reach back into the well than to spend time creating something new. (See, e.g., any movie series that has more than one sequel.) Sometimes, we here at the Employment...more

7th Circuit Raises Bar For FLSA Collective Actions

by Michael Cardman | XpertHR - Partnered with LexisNexis on 2/7/2013

Plaintiffs' attorneys in Illinois, Indiana and Wisconsin will likely think twice before attempting to mount collective actions under the Fair Labor Standards Act (FLSA) in the wake of a new ruling from the 7th Circuit Court...more

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

by Jason Guyser, Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...more

The Gentry Test On Enforceability Of Class Action Waivers In Arbitration Agreements Remains Good Law In California

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

Franco v. Arakelian Enterprises, Inc., No. B232583 (Cal. App. 2d, November 26, 2012): In a recent decision by the Second Appellate District of California, the court held that the multifactor test set forth by the California...more

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2012

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...more

And the Rich Get Richer

by Kelly Scott | Ervin Cohen & Jessup LLP on 11/20/2012

Catchy title, right? In this case, however, it isn’t necessarily true since we are talking about computer software employees and physician employees and not Bill Gates. Nevertheless, California’s Department of Industrial...more

A Full Day’s Pay for Partial Day’s Work?

by Kelly Scott | Ervin Cohen & Jessup LLP on 10/29/2012

Many of you wonderful people have asked me for information regarding deductions from employees who are exempt from overtime for partial or full day absences. Keep in mind that an employee will be considered to be paid on a...more

Law School Grad Working as Graphic Consultant Not Exempt From Overtime Requirements: Reinforces Need To Evaluate Primary Duties...

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Kadden v. VisuaLex, LLC, No. 11-CV-4892(SAS) (S.D.N.Y. Sept. 24, 2012, Sheindlin, J.): The plaintiff, a law school graduate, brought suit against her former employer, VisuaLex, LLC, seeking to recover unpaid overtime and...more

New Law Halts Explicit Mutual Wage Agreements

by Kelly Scott | Ervin Cohen & Jessup LLP on 10/3/2012

On the final days of the California Legislature’s term, Governor Brown quietly signed into law Assembly Bill 2103, a bill which was specifically designed to overturn existing case law which allowed employers to have “explicit...more

Southern District Of New York Examines The Meaning Of “Employer” For Related Company And Individual Defendants Under The FLSA

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/24/2012

Reiseck v. Universal Commc’ns of Miami, No. 06-CV-777(TPG) (S.D.N.Y. Aug. 23, 2012, Greisa, J.): The plaintiff, who was employed by defendant Universal Communications of Miami (Universal) as its Regional Director of Sales,...more

Third Circuit Clarifies Standard For Final Certification Of FLSA Collective Actions

by Jocelyn A. Merced, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2012

In Zavala v. Wal-Mart Stores, Inc., 2012 WL 3217522 (3d Cir. August 9, 2012), the Third Circuit Court of Appeals clarified the standard for final certification of a collective action under the Fair Labor Standards Act (FLSA),...more

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