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.
Authored by Steve Shardonofsky
In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the question of what happens when the plaintiff affirmatively declines the offer or when the offer expires, … Continue Reading
The two-step “send notice now/worry later” approach to FLSA collective actions — in which courts approve notice to potential collective action members under the lenient standard but comfort defendant-employers with the bromide of “don’t worry, we can revisit the issue at the decertification stage under a more rigorous standard” — continues to leave … Continue Reading
Authored by Jessica Lieberman
The decision whether to reclassify employees whose exempt status is arguable can sometimes create something of a double bind for employers: reclassification should be the conservative approach, but it also can be risky if it is interpreted as evidence that the prior classification was wrong. For this reason, employers may fear that reclassification aimed at reducing … Continue Reading
Leading employment law firm Seyfarth Shaw has updated its definitive guide to the litigation of wage and hour lawsuits. Co-authored by three Seyfarth partners and edited by the chair of the firm’s national wage-hour practice, Wage & Hour Collective and Class Litigation is an essential resource for practitioners. The unique treatise provides insight into litigation strategy through all phases … Continue Reading
2014 saw no letup in the deluge of wage and hour litigation. Year-to-year, federal wage and hour lawsuits filed in federal courts increased by another 4.7%, bringing the total increase in federal court wage and hour cases over the past decade to more than 238%. With the increase in litigation in this area, … Continue Reading
When negotiating a collective action notice to potential opt-in plaintiffs upon an order for or agreement to conditional certification, a defendant-employer often seeks to include language in the notice that if plaintiffs lose the case, they may be liable to the defendant for costs. Not surprisingly, plaintiffs’ counsel usually resists including such a … Continue Reading
Authored by Adam J. Smiley
Nothing beats the drama of Game 7. The New York Rangers provided plenty of it last night in downing the Pittsburgh Penguins to advance to the conference finals. Off the ice, a group of interns for Madison Square Garden — home of the Rangers — who sued MSG for FLSA and NYLL violations have learned … Continue Reading
With the Kentucky Derby less than a month away, we have a trifecta of unpaid internship developments for you:First, On April 4th, the U.S. Department of Labor filed an amicus brief with the Second Circuit Court of Appeals, arguing in support of the Hearst unpaid interns, who are appealing the Southern District… Continue Reading
California is bringing Comcast home—last week, California employers were the beneficiary of some down-home wisdom coming out of San Francisco.