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It is amazing to me that employers still do not understand that there exists an inviolate obligation on their parts to pay proper overtime. It is not proper for an employer to believe that if it treats its employees “well,”...more
Wage and hour law can be a dangerous game for employers due to the potential for costly disputes. Buckingham Partner, Barry Freeman, explains the key issues that arise in wage and hour disputes. He also lists five things...more
More than seven years ago, female sales representatives who worked for Merck filed a class and collective action alleging discrimination in pay on the basis of their gender in violation of the Equal Pay Act (EPA) and Title...more
If you have ever had to defend against a lawsuit under the FLSA, you probably know that attorney’s fees awards often far exceed the value of your employee’s claims. This is especially true in collective action cases, which...more
The parties to a high-profile Equal Pay Act lawsuit have reached a multi-million dollar settlement that will be sure to capture the attention of employers across the country. Former partners of the law firm Chadbourne & Parke...more
This week, President Obama and Secretary of Labor Thomas Perez announced the publication of a final rule to take effect December 1 that will overhaul the Fair Labor Standard Act’s overtime regulations. The U.S. Department of...more
California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more
WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The types of collective action addressed in this...more
WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The members of a “class” can bring a “class action”...more
WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - There is no mechanism for general collective...more
WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - In the US, a class action is a form of...more
It’s common knowledge: Fair Labor Standards Act audits from the U. S. Department of Labor and lawsuits from workers for overtime violations are coming faster than a blitzing safety on a third and long. Native Oilfield...more
Wage and hour laws are complicated. They have lots of parts and sub-parts, and there are differences from state to state. Even the most sophisticated employers have compliance challenges. Smaller employers sometimes ignore...more
Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more
In what is becoming oft-cited language, U.S. District Judge William H. Pauley III of the Southern District of New York recently stated regarding the Fair Labor Standards Act that, A law is only effective to the extent...more