News & Analysis as of

Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

On November 13, 2014, the Fifth Circuit addressed the uncertainty stemming from its decision in Owens v. SeaRiver Maritime, Inc., 272 F.3d 698 (5th Cir. 2001), wherein the Court found that a plaintiff’s unloading and loading...more

The Ninth Circuit Raises Pleading Standards for FLSA Plaintiffs

The U.S. Court of Appeals for the Ninth Circuit makes pleading Fair Labor Standards Act (FLSA) violations more difficult by applying the heightened standard in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft...more

Case Alert: EAT Rules that Holiday Pay Includes Allowances and Non-Guaranteed Overtime

In a landmark decision, the Employment Appeal Tribunal (EAT) has decided that payments in respect of “non-guaranteed overtime”, which is overtime that an employer is not required to offer, but an employee is required to work...more

Avast! – Tankermen Held To Be Seamen Exempt From FLSA Overtime Pay Requirements

In a much and long anticipated ruling, the Fifth Circuit in Coffin v. Blessey Marine Services, Inc., No. 13-20144 (5th Cir. Nov. 13, 2014), has held as a matter of law that vessel-based tankermen (specially...more

Shift Worker Rules Warrant Special Attention

The long-term-care industry depends on shift workers to provide patient care 24 hours per day, seven days per week. But even experienced and sophisticated employers can find the application of state and federal labor and...more

Employer Prevails on Misclassification Claim Where Employee Fails to Prove Hours Worked

Greg Holaway worked as a Field Service Engineer for Stratasys, Inc. He was categorized as exempt from the provisions of the Fair Labor Standards Act (FLSA) requiring the payment of overtime. Even though his title was...more

Holiday pay: the verdict

The Employment Appeal Tribunal (EAT) has today handed down judgment in the closely observed holiday pay appeals in Bear Scotland v Fulton and Baxter, Hertel (UK) Ltd v Wood and others; and Amec Group Ltd v Law and others (the...more

“But I Didn’t Know You Were Working…”

We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock”...more

Court Holds that Restaurant Owner May Be Personally Liable for FLSA Violations

A new federal case out of Illinois demonstrates the extreme importance of complying with wage and hour laws, especially where the law provides for individual liability against those who control the terms and conditions of...more

Magistrate Permits Defendants to Depose 196 Absent Class Members

In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent...more

Networking Company Pays $6 Million for Overtime Violations

The U.S. Department of Labor (DOL) slapped nearly $6 million in fines on a prominent online professional-networking company for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The fine...more

“Hurricane” Servers at Pat O’Brien’s File Suit for Stolen Tips and Unpaid Wages

Bartenders at the popular New Orleans watering hole, Pat O’Brien’s, have sued the bar in federal court claiming that managers regularly took money out of their tip jars, causing them to receive less than the minimum wage....more

Employment Law - Oct 2014

The Need to Correctly Classify Employees - Why it matters: Providing a $1.25 million lesson in the importance of correctly classifying employees, the Oakland Raiders settled a lawsuit brought by the team’s cheerleading...more

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

Ninth Circuit Approves Statistical Sampling And Affirms Certification Of Overtime Class

The Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of...more

Minnesota District Court Rejects Nationwide Scope and Conditionally Certifies Class of One Chipotle Store

Employees win most motions for conditional certification under the FLSA, with many courts declining to perform a probing analysis at that stage. A recent case from the District of Minnesota, in which the court still applied a...more

FLSA Exemptions And "Overtime Rights"

We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) executive,...more

LinkedIn Pays Nearly $6 Million After US Labor Department Investigation

After being investigated by the US Labor Department for violations of the Fair Labor Standards Act, LinkedIn has been forced to pay out nearly $6 million in damages and unpaid overtime to 359 employees....more

Good Things Come To Those Who Document Good Wage & Hour Practices

We have written in the past about the myth of unauthorized overtime. A recent California appellate case, Jong v. Kaiser Foundation Health Plan, shows how you can make unauthorized overtime’s impact on your business a myth,...more

Employees in Maryland Can Now Get Treble Damages for Overtime Claims

On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that unpaid overtime wages are recoverable under the Maryland Wage Payment and Collection Law (MWPCL or "Wage Payment Act"). ...more

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from...

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more

Court of Appeals Rejects Mandatory Treble Damages Under Wage Payment and Collection Law

Last week, in the case of Peters v. Early Healthcare Giver, Inc., the Court of Appeals had another opportunity to reflect on the Maryland Wage Payment and Collection Law (“WPCL”) and specifically discuss the application of...more

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that...more

Update on Orozco v. Plackis: was franchisor’s principal the employer of franchisor’s employee? Fifth Circuit reverses – 3...

We reported in September 2013 about Orozco v. Plackis, a case out of the United States District Court for the Western District of Texas in which the plaintiff (a cook in a franchised restaurant) filed an action under the Fair...more

FLSA Collective Action Waivers In Separation Agreements May Not Be Valid In 6th Circuit

Employees discharged as part of a company restructuring can participate in a collective action lawsuit for unpaid overtime wages under the Fair Labor Standards Act (FLSA) despite waiving their collective action rights in...more

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