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.
Authored by Kara Goodwin
Last week, a federal district court decertified a Rule 23 class of more than 1,000 insurance agents who claimed that Bankers Life and Casualty Co. misclassified them as independent contractors, and, as a result, they were entitled $16.9 million in overtime damages under the Washington Minimum Wage Act. In decertifying the class, the court held that … Continue Reading
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
The Third Circuit put a screeching halt to the contention that drivers must actually cross state lines to be exempt from overtime under the Motor Carrier Act (“MCA”). In Resch v. Krapf’s Coaches, Inc., the court ruled that drivers were exempt from overtime based on the mere possibility of driving across state … Continue Reading
Authored by Alex Passantino
Over the past several weeks, we have received an increasing number of questions about the status of the Department of Labor’s revisions to the “white collar” overtime exemptions. As regular readers know, last March, the President directed the Secretary of Labor to begin the regulatory process on those regulations. At that time, the President directed the … 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
Authored by Alex Passantino
It’s the week before Christmas, and we’ve accepted our mission, The annual wage hour “sum-up” composition. And to start it all off, we’ve got something nice, ‘Cause the Supreme Court addressed wage and hour stuff twice.
Authored by Kyle Petersen
For years, employers have been frustrated by lengthy and costly FLSA litigation prompted by little more than conclusory allegations that the plaintiff and a putative class were not paid for all of their overtime work. Since the Supreme Court clarified the federal pleading standards in Twombly and Iqbal, the doors to the courthouse may be getting … Continue Reading
Even in the face of an apparent victory, a company may be stuck with an unexpected and outsized attorneys’ fees tab. In a recent case that highlights the multifaceted perils of drawn out litigation, the Tenth Circuit affirmed a $3.4 million attorneys’ fees award—even though the jury rejected the majority of plaintiffs’ … Continue Reading
Authored by Kevin Young
On Monday, a federal judge in New York dismissed a proposed FLSA collective action filed by an hourly temp attorney on the grounds that the temp was exempt from the FLSA’s overtime requirements. In a decision that might not sit well with basketball star Allen Iverson, who once chided the media for “talking about practice… Continue Reading