Wage & Hour Litigation Blog

Category Archives: Damages

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Checkout CLOSED: Supreme Court Declines Review of Decision Holding CEO Individually Liable for Wages Owed to Grocery Store Employees

Posted in Damages

Co-authored by Kevin Fritz and Jeremy Stewart

Yesterday, the nation’s highest court decided to close the checkout lane on John Catsimatidis when it denied the grocery chain CEO’s petition for certiorari in a case we have been following since last year.  The petition challenged the Second Circuit’s conclusion that Catsimatidis should be held personally, jointly, and severally liable for … Continue Reading

Clean Up On Aisle 2[nd Circuit]? Supreme Court to Decide If It Will Review Decision on Individual Liability Under the FLSA

Posted in Damages

Co-authored by Kevin Fritz, Jeremy Stewart, and Robert Whitman

On Friday, SCOTUS will decide if it will grant review of a Second Circuit decision that placed a CEO on the hook for unpaid back wages under an FLSA settlement agreement.  We previously reported on this case out of New York where the Second Circuit held that the CEO … Continue Reading

Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

Posted in Arbitration Agreements, Damages, Off-the-Clock Issues, Offer of Judgment, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Alex Passantino

It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading

SECOND CIRCUIT TO LABOR LAW PLAINTIFF: STOP LOOKING IN THE REARVIEW MIRROR FOR LIQUIDATED DAMAGES

Posted in Damages, State Laws/Claims

Authored by Carlos Lopez

Among the many recent amendments to the New York Labor Law, perhaps the most concerning to employers was the expansion of liquidated damages from 25% to 100%.  Viewed in tandem with the statute’s six-year limitations period, the change has the potential to vastly increase employers’ exposure for alleged violations.

Fortunately, the Second Circuit has given employers … Continue Reading

Half-Time: Not Just for Football Bathroom Breaks Anymore

Posted in Damages, Overtime, Salary Basis

By Robert S. Whitman and Howard M. Wexler

If an employee is erroneously misclassified as exempt, she is entitled to recover any unpaid overtime at the rate of time-and-a-half for all hours over 40.  Right?

Wrong, according to a welcome decision (here) from Judge J. Paul Oetken of the Southern District of New York.   The decision confirms what … Continue Reading

LEFT HOLDING THE BAG: SECOND CIRCUIT CONCLUDES THAT CEO IS INDIVIDUALLY LIABLE FOR UNPAID WAGES UNDER FLSA

Posted in Damages

Co-authored by Jeremy W. Stewart and Robert S. Whitman

“Individual liability.”  It’s an ugly phrase that should be avoided in civilized conversation, especially among business owners and company executives.  The Second Circuit sent a chilling reminder this week about that unpleasant prospect that should make employers and business owners pay attention:  In Irizarry v. Catsimatidis (here), the court held … Continue Reading

Eleventh Circuit Upholds District Court’s Discretion To Deny Liquidated Damages In FLSA Retaliation Claims

Posted in Damages, Defenses

Authored by Jeffrey Glaser

The Eleventh Circuit Court of Appeals issued a decision last week that could substantially reduce the amount of damages available for FLSA retaliation claims.  In Moore, et al. v. Pak, an Eleventh Circuit panel held that district courts in that circuit (Alabama, Florida and Georgia) have the discretion to deny liquidated damage awards to plaintiffs … Continue Reading

Wage and Hour Cases ─ Not Going Away Anytime Soon

Posted in Damages, Off-the-Clock Issues, Overtime

Authored by Kara Goodwin

A recent National Economic Research Associates (“NERA”) report, “Trends in Wage and Hour Settlements: 2011 Update,” quantified what most working in the wage-hour litigation field already knew ─ wage and hour cases continue to be a source of potential liability for employers. The report identified 107 settlements of wage and hour cases in 2011, slightly more … Continue Reading

Compelling Arbitration, Third Circuit Hints That Silence Means Class Actions Waived, But Nevertheless Leaves Issue To The Arbitrator

Posted in Arbitration Agreements, Damages, Off-the-Clock Issues

Seyfarth Shaw’s Wage & Hour Litigation Practice Group

Following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion and Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Corp., nearly all federal courts have enforced agreements to arbitrate FLSA claims. A few courts, however, have refused to apply Concepcion and Stolt-Nielsen to FLSA claims by relying on two arguments that most defendants … Continue Reading

Plaintiff ”Floored” After Eleventh Circuit Rules Recovery of Full Damages Does Not Mean He’s Prevailing Party

Posted in Damages

Co-authored by Brett Bartlett and Julie Reyes

In a landmark decision whose influence may rival its 1982 ruling in Lynn’s Food Stores that FLSA claims can only be settled with DOL or court supervision, the Eleventh Circuit Court has held that a plaintiff may not recover attorney’s fees and costs as a “prevailing party” under federal wage and hour law … Continue Reading