Wage & Hour Litigation Blog

Category Archives: Off-the-Clock Issues

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Court Insures Allstate Against Unsound Trial Plan Mayhem

Posted in Off-the-Clock Issues, Rule 23 Certification

Co-authored by Sherry Skibbe and Andrew Paley

Allstate Insurance Company “insured” a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers’ argument that plaintiffs cannot simply intone the magical incantation of “statistical sampling” as a means of collective proof in a class action. Rather, plaintiffs must proffer a detailed and … Continue Reading

Fifth Circuit Rejects Off-the-Clock Bid: That’s Not Fair(child)

Posted in Off-the-Clock Issues

Co-authored by Dennis Clifford and Rachel Hoffer

From December 2011 to September 2012, Ambrea Fairchild was living the new All American dream: hired by All American Check Cashing, Inc. as an hourly manager trainee in its Hattiesburg, Mississippi store, Fairchild was soon promoted to manager, a salaried position, in March 2012. But Fairchild performed poorly in her new role; after … Continue Reading

I’m Dreaming of a White Collar: 2015 Year in Review

Posted in Arbitration Agreements, City/Local Ordinances, Conditional Certification, Damages, Decertification, Defenses, Discovery, DOL Enforcement, Executive Orders, Hybrid Lawsuits, Independent Contractors, Joint Employment, Jurisdiction, Meal/Rest Breaks, Misclassification/Exemptions, Off-the-Clock Issues, Offer of Judgment, Overtime, Regular Rate, Rule 23 Certification, Salary Basis, Service Charges/Gratuities, Settlement, State Laws/Claims, Uncategorized

Authored by Alex Passantino

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year.

In January, for new regs in this year our breath bated. Then for six painful months, we speculated and waited. And just as … Continue Reading

So What About Those “BlackBerry Claims” We’ve Been Worried About?

Posted in Conditional Certification, Off-the-Clock Issues, Overtime

Co-authored by Laura E. Reasons and Noah A. Finkel

BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon.

On Thursday, a judge in the Northern District of Illinois held in Allen v. City of Chicago that the Chicago Police Department (CPD) did not … Continue Reading

Where’s the (Pork)? Justices Sidestep Meatiest Issues at Oral Argument in Tyson Foods

Posted in Off-the-Clock Issues, Overtime, Rule 23 Certification, State Laws/Claims

Co-authored by Richard Alfred, Patrick Bannon, and Daniel Whang

Companies burdened by an avalanche of wage and hour class and collective actions have been hoping that Tyson Foods, Inc. v. Bouaphakeo might be the game-changing decision they have been waiting for.  If the oral argument before the Supreme Court this morning is an accurate indication (and it may … Continue Reading

Another Watershed Moment for Class Actions? SCOTUS to Address Limits on Statistical Proof in Class and Collective Actions

Posted in Hybrid Lawsuits, Off-the-Clock Issues

Authored by Michael W. Kopp

In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc. v. Bouaphakeo, to address (1) the use of statistical averaging in class actions to prove liability and damages, and … Continue Reading

Supreme Court Briefing Begins in Tyson Foods, Inc. v. Bouaphakeo, A Potential Wage and Hour Blockbuster

Posted in Off-the-Clock Issues, Overtime, Rule 23 Certification, State Laws/Claims

Co-authored by Richard Alfred, Patrick Bannon and Esther Slater McDonald

In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat processing employees who claimed to have worked off the clock.

As Continue Reading

Game Changer? The Supreme Court Agrees to Consider Standards for Certifying FLSA Collective Actions and State Law Class Actions

Posted in Off-the-Clock Issues, Overtime, Rule 23 Certification, State Laws/Claims

Co-authored by Richard Alfred, Patrick Bannon and Esther Slater McDonald

Tyson Foods, Inc. v. Bouaphakeo

The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour collective and class action regarding the compensability … Continue Reading

Juno How to Pay When Your Facilities Close for Weather-Related Reasons?

Posted in Off-the-Clock Issues, Salary Basis, State Laws/Claims

Authored by Alex Passantino 

As Juno prepares to pummel the Northeast with snow, employers should prepare for any weather-related closures of their offices, factories, or other facilities.  The effect of a weather-related closure on compensation requirements varies for different types of employees and also varies by state.


Most employees who are exempt from federal overtime requirements and paid … Continue Reading

2014 Wage Hour Wrap Up

Posted in Arbitration Agreements, Conditional Certification, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime, State Laws/Claims

Co-authored by Richard Alfred and Patrick Bannon

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