Authored by Alex Passantino
Take a step with us into the way-back machine. In 2006, the Wage & Hour Division issued an opinion letter approving the mortgage industry practice of classifying mortgage loan officers as exempt from the FLSA’s minimum wage and overtime requirements under the administrative exemption. In 2010, WHD flip-flopped. It issued the first-ever Administrator Interpretation
Co-authored by Abad Lopez and Noah Finkel
Despite the lenient standard employed by many courts on motions for conditional certification, a federal judge in Pennsylvania recently denied conditional certification of an FLSA collective action based on scant factual support. In Moore v. PNC Bank, N.A. [here], the court concluded that the plaintiff could not bring her claim as a
Co-authored by Timothy F. Haley and Noah A. Finkel
We’ve known since the Supreme Court’s 1982 decision in General Telephone Company of Southwest v. Falcon that in determining whether the prerequisites for class certification have been satisfied, a court must engage in a “rigorous analysis.” But what does that mean? According to the Second Circuit, at a minimum it means
Continue Reading SECOND CIRCUIT PUTS TEETH INTO CLASS-ACTION “RIGOROUS ANALYSIS” REQUIREMENT
Co-authored by Arthur J. Rooney and Jeremy W. Stewart
When should a tipped employee no longer be treated as a tipped employee? Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash. Earlier this week, a District
In connection with the launch of our new Wage & Hour Audit Task Force, we are offering clients and friends of the firm free access to up-to-the-minute information and thought leadership on wage & hour audits and assessments.
To join the initial webinar, scheduled for May 16, please click here.
To receive weekly practical tips on compliance issues that
By Noah Finkel and Richard Alfred
We have long argued that the best path for defeating a hybrid state law wage and hour claim is not through a motion to dismiss but by making a strong lack of superiority argument to defeat class certification.
It is therefore not surprising to us that the Ninth Circuit joined several other Circuits last
Authored by Loren Gesinsky
Employers can benefit from calling out plaintiffs who hide the ball and assert unpaid “gap time” wages in complaints under the Fair Labor Standards Act.
That’s the primary message from the Second Circuit’s opinion in Lundy v. Catholic Health Sys. of Long Island, which affirmed the dismissal of a putative FLSA collective action brought by
Continue Reading Gaps In Time and Pleading Doom FLSA Claims In Second Circuit
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
Federal district and appellate courts historically have refused to enforce settlements and/or waivers of FLSA rights without Department of Labor or court approval. We recently blogged here, for example, about a recent ruling from the Southern District of New York that rejected a proposed settlement of overtime claims because the proposed agreement contained a confidentiality clause. In Martin
Continue Reading Fifth Circuit Enforces Private FLSA Settlement And Makes Its Own Summer Blockbuster
Co-authored by Ariel Cudkowicz and Jessica Schauer
On March 23, 2011, a federal court in Massachusetts held that an employer was not entitled to information about the named plaintiffs’ immigration status in a putative collective action alleging minimum wage violations. In Lin v. Chinatown Restaurant Corp., No. 09-11510, Judge George A. O’Toole, Jr. rejected the defendants’ argument that the
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