News & Analysis as of

Collective Actions Unpaid Overtime Employer Liability Issues

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath. Three wage and hour dangers you may never see coming.

On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more

Vedder Price

Seventh Circuit Weighs in on Jurisdiction in FLSA Collective Cases

Vedder Price on

On August 16, 2024, a divided Seventh Circuit panel held that a court needs to establish personal jurisdiction over each individual member of a Fair Labor Standards Act (“FLSA”) collective, further contributing to an existing...more

Troutman Pepper Locke

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

Troutman Pepper Locke on

In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more

Fisher Phillips

Lawsuit Alleges Healthcare Workers Should Be Paid for Mandatory Temperature Checks and Health Screenings

Fisher Phillips on

A Wisconsin-based healthcare worker recently filed a proposed collective and class action complaint against an assisted living facility alleging it required all employees to undergo mandatory temperature checks and complete a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Plaintiffs’ Bar Targets Healthcare Facilities’ Timekeeping Practices

Healthcare facilities are increasingly becoming targets of collective action lawsuits under the Fair Labor Standards Act (FLSA). Several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks....more

Fox Rothschild LLP

Oil Energy FLSA Exemption Collective Action Settles: The Right Move By The Employer 

Fox Rothschild LLP on

No industry is immune to FLSA collective actions and the energy industry is seeing a significant uptick in these actions. In this regard, a class of workers employed by an oil field services company has just agreed to a $2.1...more

Fox Rothschild LLP

Afghanistan-Based Contractors See FLSA Collective Action Dismissed On Jurisdictional Grounds

Fox Rothschild LLP on

I blogged about this off-the-beaten-path case a short time ago. Wow, whoever thought the courts would work this fast? A federal judge dismissed a proposed FLSA collective action against Fluor Corp. filed by contractors who...more

Fox Rothschild LLP

Pipeline Inspectors Denied Conditional Certification Due To Named Plaintiff’s Inadequacy

Fox Rothschild LLP on

Regretfully, to my lights, conditional certification seems all too easy for plaintiffs in a FLSA collective action to secure. Are things changing? A federal judge has refused to certify a proposed class of natural gas...more

Bennett Jones LLP

Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?

Bennett Jones LLP on

On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992. The proposed class members include current and former non-managerial...more

Parker Poe Adams & Bernstein LLP

Paid Breaks Cannot Offset Overtime Obligations

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

Harris Beach Murtha PLLC

Café Manager Seeks Class Action for Overtime Pay

A Chicago-based Barnes & Noble Café Manager filed a collective action on September 20, 2016 in federal court, Southern District of New York, seeking overtime compensation for herself and similarly situated individuals who...more

FordHarrison

Labor Department Settles Overtime Pay Dispute with Its Own Employees

FordHarrison on

The Department of Labor (DOL) has agreed to pay $7 million to resolve claims that it failed to pay overtime to thousands of its own employees. The settlement reached with the American Federation of Government Employees Local...more

FordHarrison

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

FordHarrison on

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

Foley & Lardner LLP

Are Your Non-Exempt Employees Properly Compensated for All of Their Work Time?

Foley & Lardner LLP on

Employers are continuing to be bombarded by collective or class action lawsuits filed by their non-exempt employees for alleged violation of the Fair Labor Standards Act (“FLSA”), and similar state wage and hour laws. Many of...more

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