Fair labor standards act lawsuit


Defending such a claim is often an uphill battle because the FLSA is construed broadly to effectuate its remedial intent, but a careful review of the facts of the case and applicable law may reveal a multitude of potential defenses. Thus, businesses that are small and highly localized may argue that the FLSA does not apply to them, although it is difficult to prove that virtually any business in does not engage in interstate commerce e. Exemption applies: Perhaps the most common defense to an FLSA overtime claim is that the employee was properly classified as exempt from the overtime requirements of the FLSA pursuant to the executive, administrative, professional, computer, or outside sales exemption. Absolute good-faith defense: An employee may avoid liability for an FLSA violation by proving that it acted in conformity with and in reliance on any written regulation, order, ruling, approval, interpretation, or opinion of the Department of Labor, Wage and Hour Division even if the ruling was later rescinded. Good faith defense to liquidated damages: An employee may reduce or avoid liquidated damages double damages by proving that it acted in good faith, with reasonable grounds to believe it was not violating law e.


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WATCH RELATED VIDEO: Fair Labor Standards Act

How to Know if You Have a Wage-and-Hour Lawsuit


If employees establish that they were not paid as required by the FLSA, they can recover unpaid wages going back two years. If the employer's violation is "willful," the back-pay period is 3 years and the recovery is doubled as "liquidated damages. Department of Labor. Once it received a complaint from an employee or former employee, the WHD would conduct a "wall-to-wall audit" of the employer, and cite any FLSA violations.

Most cases settled because the WHD will typically waive the "willful" violation penalties, and settle for two years of back wages. In recent years, though, FLSA cases have become very attractive to plaintiffs' employment lawyers.

They began filing lawsuits after realizing that many employers are in violation of the FLSA. These can be expensive class actions. The FLSA allows a successful plaintiff to recover not only back pay and "liquidated damages," but also actual attorney fees. The two recurring areas of non-compliance targeted in FLSA lawsuits pertain to hours worked and improper exemptions.

Hours Worked claims assert that the employer failed to pay employees for all time worked. These cases typically involve interrupted lunch periods or work completed before or after scheduled hours. Because many employers have moved away from a time-clock system there is more room for employees to fudge their time, sometimes at the request of a supervisor who is under pressure to avoid overtime. The FLSA includes "white collar exemptions" from its minimum wage and overtime provisions.

The WHD has issued interpretive regulations defining these exemptions. Areas of exemption that have been recently targeted for litigation pertain to employees involved in sales and those with computer-related responsibilities. In the Novartis case, for example, the Second Circuit Court of Appeals recently found "no applicable exemption" for drug company representatives whose principal duties are visiting physicians to introduce the company's' prescription drugs and persuade the physicians to prescribe them.

The court ruled that the drug representatives are not exempt "outside sales" employees because the employees were making recommendations, not actual sales. The court also ruled that the drug representatives' duties did not involve sufficient "discretion and independent judgment" to qualify for the administrative exemption. The Novartis case illustrates that employees who make recommendations to customers but are not actually involved in sales will not qualify for the outside sales exemption.

The ruling raises serious issues relating to "customer service representatives" and others who perform sales-related functions, but do not actually sell. Also, WHD opined in a recent administrative interpretation that mortgage loan officers were primarily engaged in "selling" mortgages, but did not meet the outside sales exemption because they were not customarily and regularly engaged in making sales "away from the employer's place of business.

The ruling also said that "inside sales" work could not qualify for the administrative exemption. This ruling illustrates that employees who are primarily engaged in making sales but are not "customarily and regularly" doing so away from the employer's place of business, will not qualify for the outside sales or administrative exemption.

In other words, "inside sales" employees do not meet the requirements for exemption, according to the WHD. In several cases, the WHD and the courts also have ruled that employees whose principal function is computer trouble-shooting or help-desk activities, cannot meet the requirements for the computer employee exemption, because they are not performing the specific advanced computer-related duties outlined above.

The Democratic WHD is likely to continue to narrowly construe the white collar exemptions. That makes now a good time to review your "exempt" job classifications. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you. Aug Hours Worked Hours Worked claims assert that the employer failed to pay employees for all time worked. The "executive" exemption covers those who manage part of the business and directly supervise two or more full-time equivalents, and who hire and fire employees or whose recommendations regarding hiring and firing are given significant weight.

The "administrative" exemption covers employees who perform office or non-manual work directly related to the business operation and who exercise independent judgment with respect to matters of significance. The "learned professional" exemption covers employees who are required to use their advanced knowledge, which is predominantly intellectual in character. These employees consistently exercise discretion and judgment. The "creative professional" exemption covers employees who perform work requiring invention, originality or talent of an artistic or creative nature.

The "computer employee" exemption applies to an employee who is a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field. The "outside sales" exemption covers an employee whose primary duty is making sales or obtaining orders away from the employer's place of business. Professionals Practices Labor and Employment. Share this page:.



Manual Laborer Files Federal Class Action Lawsuit Alleging Masonite Shorts Overtime

In August , a federal judge ruled new FLSA overtime regulations, which would affect 4 million workers, invalid. The Department of Justice launched an appeal, and as of December , new rules have yet to be finalized. This refers to the time during which an employee is required to perform their duties. This is intended to ensure young people receive an education and have safe working conditions. Employers are required to display an FLSA poster and keep time and pay records for all employees. A QuickBooks expert will be in touch with you shortly. FLSA changes have been on the table since , but the Department of Labor DOL has not yet made their final decision on what changes it wants to implement.

This is a collective action lawsuit, brought by Eleazar Avalos and earned on December 22, , to Fair Labor Standards Act (FLSA).

Minor Leaguers Get a Win in FLSA Lawsuit Against MLB

While we continue to see employment cases related to COVID rise around the country, as well as anecdotal evidence of a rise in workplace class and collective actions generally, we are also seeing unique cases filed that are interesting for reasons unrelated to the overall trends. The veracity of the allegations are, at this point, untested, but paint a picture of schadenfreude that many employers in New York will no doubt find rich. In Spence, et al. Although this case presents a unique fact pattern, the lesson is broadly applicable. Now, as ever, it is important to ensure compliance with the technical aspects of state and federal wage and hour laws, because if a state wage and hour watchdog can allegedly get it wrong, any employer could potentially make the same mistake. Our thanks to those who joined our webinar this week. We will continue to track these trends as they unfold, and will continue to update the tracker each week. As always, stay tuned. February 1, Currents - Employment Law. December 18, Currents - Employment Law.


Fair Labor Standards Act (FLSA) Lawsuits

fair labor standards act lawsuit

The firm obtained a favorable decision for corporate defendants on a motion for conditional certification of a collective action in the United States District Court for the Southern District of New York. After two years of litigation, the firm obtained a complete dismissal with prejudice against our client who has been sued under the Fair Labor Standards Act. The firm successfully defended a corporate defendant and its principals against allegations of, inter alia, unpaid severance pay and wrongful termination in an action filed in the Supreme Court of the State of New York, County of New York. The firm secured a favorable and speedy resolution for the client by dismissing the action in the pre-pleading stage.

The cases handled by the seasoned litigators at Feldman Legal Group show our winning results.

Defending Wage and Hour Collective Actions Under the FLSA: Overview

This class and collective lawsuit seeks unpaid overtime wages for Speedway's convenience store "managers" who were paid a salary and denied overtime pay for hours worked over 40 per week. According to the lawsuit, the managers are entitled to overtime pay because, among other reasons, they spend most of their time performing the same type of non-managerial work as the stores' hourly employees. The company denies violating any laws. More information and case updates are available below:. The lawsuit seeks to recover overtime overtime wages for salaried managers at Speedway's convenience stores. A copy of the Complaint is available below.


NY Labor Law Watchdog Hit With COVID-19 Overtime Lawsuit Of Its Own

Even though they worked well over 40 hours per workweek, the restaurant allegedly required many of the workers to report that they worked 40 hours or less per week to avoid paying overtime wages as required by the Fair Labor Standards Act and New York Labor Law. The restaurant also paid the servers at the tipped minimum wage rate in New York City, even though it allegedly failed to properly inform the servers that a tip credit was being taken from their wages. If you are a worker at a restaurant and believe you are owed minimum or overtime wages, please contact Pechman Law Group at to schedule a free consultation. Reality TV star Kim Kardashian West failed to pay overtime, cover expenses and provide legally mandated breaks to workers cleaning and maintaining her California home, they alleged in a lawsuit. GDB International , a New Jersey corporation specializing in the processing of recycled materials, for failing to pay minimum wage and overtime pay to warehouse workers at two New Jersey facilities. Confidential or time-sensitive information should not be sent through this form. Please verify that you have read the disclaimer. Lou Pechman.

report of the Fair Labor Standards Act Subcommittee. The FLSA Midwinter Reports are primary resources for the drafting of the annual.

We will evaluate your situation, explain the laws that apply, and help you understand your legal options for recovering your unpaid wages. The primary reason we file an overtime lawsuit is to collect the unpaid overtime you earned. Assuming your employer paid you straight time for all hours worked, winning your case means recovering half of your regular hourly rate for every hour worked over 40 each week.


Federal government websites often end in. Before sharing sensitive information, make sure you're on a federal government site. The site is secure. If you are thinking about filing an FLSA claim, you must first find out whether you are required to use a negotiated grievance procedure.

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Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes and Fair Labor Standards Act FLSA opt-in collective claims at the same time. They noted that combining the two would create procedural anomalies and that doing so would make case resolution unwieldy. Lewis As we have said in the past, determining when a party waives its right to arbitrate is never easy and the nuanced standards vary among the circuits. Now a case that has come to the U. Court of Appeals for the Fifth Circuit a second time confirms our belief. The Fifth … Continue Reading Only three years ago, the Supreme Court reversed the holdings of a large number of lower courts and held that class action waivers in arbitration agreements were enforceable. Epic Systems Corp.

TO: All current and former Sawyer Aviation pilots whose wages were withheld by Sawyer Aviation from May 14, to the present as a result of entering into a training agreement related to mandatory pilot training. Cassidy was a Pilot for Sawyer Aviation. The case number is: CV


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