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Authored by Howard Wexler

In a scene reminiscent of a high school calculus class, the Fifth Circuit took out its red pen and reviewed the math a lower court used to determine back pay for employees found to have been improperly classified as exempt from overtime.  Unfortunately for the lower court, it flunked the exam:  the Fifth Circuit held that…
Continue Reading Check Your Math! Fluctuating Workweek Damage Calculation Approved Yet Again

statue_liberty.jpgCo-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…

Continue Reading I Lift My Lamp Beside the Minimum Wage Claim*: District Court Finds Immigration Status “Irrelevant” to FLSA Case