Co-authored by Gerald L. Maatman, Jr. and Jennifer A. Riley
Restaurant servers are some of the few employees to whom employers can pay less than the minimum wage. This is because they receive tips from customers that, so long as those tips are large enough, often push an employee’s income well above minimum wage. The FLSA thus allows an employer
Continue Reading Court Batters “Dual Jobs” Claim And Finds That Servers’ Duties Do Not Require Minimum Wage
Authored by Noah Finkel and Dennis Clifford
We often question the utility of the “lenient standard” for conditional certification under the FLSA. All too often, courts grant conditional certification of a collective action based on nothing more than a recitation of the “lenient standard” involving a “modest factual showing,” followed by reference to scant evidence that provides no insight into
Continue Reading Now Showing On A DVD Player Near You: The Lenient-Standard Monster
Co-authored by Noah Finkel, Kristin McGurn, and Laura Reasons
The United States District Court for the Northern District of Illinois recently decertified an FLSA collective action and denied certification of a Rule 23 class in Camilotes v. Resurrection Health Care Corporation, No. 10-cv-366 (Oct. 4, 2012). Camilotes is part of a rash of cases filed around the
Continue Reading Are Hospital Automatic Meal Period Deduction Cases Now On Life Support?