Wage & Hour Litigation Blog

Category Archives: Overtime

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Third Circuit Follows Suit in Expanding Reach of Successor Liability for FLSA Claims

Posted in Overtime

Co-authored by Scott Rabe and Nadia Bandukda

This month, the Third Circuit became the latest court of appeals (following the Seventh and Ninth Circuits) holding that the federal common law standard should be applied when determining whether a successor may be liable for FLSA violations allegedly committed by its predecessor. So what does this mean for employers? We expect the … Continue Reading

Hitting the Unpaid Intern Trifecta: Litigation, Certification, and Settlement

Posted in Conditional Certification, DOL Enforcement, Overtime

Co-authored by Adam Smiley and Nadia Bandukda

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… Continue Reading with the Second Circuit Court of Appeals, arguing in support of the Hearst unpaid interns, who are appealing the Southern District

Try This On For Size: Seventh Circuit Rejects Factory Workers’ Donning and Doffing Claims Based On Expansive View Of The “Workday”

Posted in Off-the-Clock Issues, Overtime

Co-authored by Arthur Rooney and Abad Lopez

Under FLSA section 203(o), time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time if it is treated as non-work time by a collective bargaining agreement.  So, does section 203(o) only apply to time spent donning and doffing at the beginning and end of … 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

Commissions Accomplished: Court Rules Class of Commissioned Cable Technicians Not Entitled to Time-and-a-Half Overtime Pay

Posted in Overtime

Co-authored by Benjamin Briggs and Kevin Young

Last Monday, a cable services subcontractor notched a substantial victory against a class of 146 cable technicians, whose overtime claims a federal court in Georgia found were barred pursuant to the FLSA’s overtime exception for certain retail, commissioned employees.  The decision, Jones v. Tucker Communications, sheds favorable light on the meaning of … Continue Reading

Employee “Pleads” For Supreme Court to Revive “Bare Bones” FLSA Complaint

Posted in Overtime

Co-authored by Robert S. Whitman, Howard M. Wexler and Joshua D. Seidman

Last summer, the Second Circuit issued a flurry of decisions clarifying the pleading standard in FLSA cases.  In one of those cases, Dejesus v. HF Management Services, LLC, the court held that, in order to state a valid overtime claim under the Supreme Court’s decisions in … Continue Reading

A Caveman Definitely Couldn’t Do It: Court Finds GEICO Claims Representatives Meet Test for Administrative Exemption

Posted in Overtime, State Laws/Claims

Co-authored by Nadia S. Bandukda and Robert S. Whitman

The green gecko is surely happy about this: a federal judge has held that GEICO’s telephone claims representatives (“TCR”) are exempt from overtime under the Fair Labor Standards Act and New York Labor Law.

The plaintiff sued in 2009, seeking back pay for herself and others and claiming that the work … Continue Reading

Two Stones, One Bird: Employer’s Simultaneous Motions For Summary Judgment and Decertification Pay Off in Arkansas

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

Co-authored by Benjamin Briggs and Kevin Young

How do you show a judge that the inquiries necessary to resolve the claims of the class in an FLSA collective action are too individualized for a single trial?  In some cases, the best approach is to file two motions—one for summary judgment on the class members’ claims, and the other to decertify … Continue Reading

Hold On To Your Socks (Literally): DOL Issues Final Rule on Companionship Services

Posted in DOL Enforcement, Misclassification/Exemptions, Overtime

Authored by Alex Passantino

Yesterday, the U.S. Department of Labor’s Wage & Hour Division announced its final rule regarding the application of minimum wage and overtime requirements to companionship services.  This rule — which was proposed nearly two years ago, has engendered a fair share of controversy as it dramatically redraws the playing field with respect to these workers at … Continue Reading

Big or Small, Ninth Circuit Confirms That Dukes Must Be Considered in All Wage and Hour Class Actions

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

Co-authored by Sheryl Skibbe and Kevin Young

With last week’s denial of the plaintiffs’ request for a full panel rehearing in Wang v. Chinese Daily News [here], the Ninth Circuit reminds us that the Supreme Court’s ruling in Walmart v. Dukes provides valuable ammunition against wage and hour class actions of all sizes.

In March 2004, three employees … Continue Reading