Fair Labor Standards Act; overtime claims

Authored by Alex Passantino

‘Twas the week after Christmas, and all through the land     

Our readers were focused on their year ’13 plans;                                                                  

And though we’ve no desire to knock you off track,                                                             

We thought that 2012 deserved one last look back.                                                             

Hours, exemptions, pay rates, and more;                                                                         

Nearly 100 posts (for those keeping score).                                                                           

We know every issue will not give you your

Continue Reading Sugar Plums and Regular Rate: 2012 Year In Review

ED PA.jpgCo-authored by Noah Finkel, Julie G. Yap, and Ashley Kircher

Finding the declarations from plaintiffs to be unreliable, a federal judge in Pennsylvania recently denied conditional certification of an FLSA collective action arising out of allegedly unpaid overtime for a proposed nationwide class of more than 9,000 retail representatives employed by Crossmark, Inc.  Postiglione v. Crossmark, Inc.

Continue Reading And Then There Was One: Federal Court Rejects Plaintiffs’ Declarations and Conditional Certification of FLSA Collective Action, and Then Dismisses All But One Named Plaintiff

We write today to ask for your help. The American Bar Association is holding a competition for the 100 best legal blogs. Through this competition, the ABA is seeking to identify legal blogs that people in the legal profession should know about.

Seyfarth’s Wage & Hour Litigation Blog is a one-of-a-kind reference site that provides a one-stop resource for employers

Continue Reading Calling All Readers Of The Wage & Hour Litigation Blog: We’re In The Running for The 100 Best Legal Blogs And We Need Your Vote!

tools.jpgAuthored by Alfred L. Sanderson, Jr.

Can a group of retail store managers who were uniformly classified as exempt under the executive exemption, who worked under the same job description, and who were all subject to the same company policies maintain a collective action for the nonpayment of overtime?  According to a District Court in Kansas, that evidence alone is

Continue Reading Harbor Freight Store Managers Don’t Have The Tools To Maintain A Collective Action

USDCSDNY.jpgCo-authored by Robert S. Whitman and Robert T. Szyba

Experienced practitioners have long understood that very few wage-hour class or collective actions go all the way to trial.  Nearly all cases that are not decided by a dispositive motion are resolved by a settlement.  In a noteworthy recent decision, Wolinsky v Scholastic Inc., Judge Jesse M. Furman of the

Continue Reading Only One Way Out of This Mess: Settlement of FLSA Lawsuit May Need to Be Public to Receive Court’s Approval

250px-US-CourtOfAppeals-10thCircuit-Seal.pngAuthored by Kara Goodwin

Employers seeking to prove that an employee claiming unpaid overtime is exempt under the FLSA often face two chilling phrases in the first paragraph of a court’s legal analysis.  First, that exemptions are “narrowly construed” against employers and, second, that employers must prove that employees fit within those exemptions “plainly and unmistakably.”   But two recent decisions

Continue Reading District Courts Make Plain Mistake In Applying A Heightened Burden Of Proof For Establishing An FLSA Exemption

USDCSDNY.jpgAuthored by Robert S. Whitman

Rejecting the views of the National Labor Relations Board and one of her colleagues on the bench, Judge Barbara Jones of the Southern District of New York has ruled that employees subject to arbitration agreements may be required to arbitrate FLSA claims, even though the agreements do not permit the claims to be pursued on

Continue Reading New York Judge Orders Arbitration Despite Waiver of Collective Action

wall-clock-question-mark-1-small.jpgAuthored by Noah Finkel

The question of what is “work” in the modern economy, is not always easy to answer.  Those activities that qualify as “work” are compensable under the Fair Labor Standards Act and state law analogues.  Activities that are not “work” are not compensable.  While simple enough to express, making the distinction between these principles is often far

Continue Reading “Continuous Confusion: Defining the Workday in the Modern Economy” — Article in Latest Issue of ABA Journal of Labor & Employment Law