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Arbitration provision not retroactively enforceable in FLSA case

A federal judge in Houston struck a cost-sharing provision in an arbitration clause and limited the time period covered by the clause in ruling on the defendant’s motion to compel arbitration of…

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Baylor Scott & White Surgicare Contaminated IV Attorney

Did you or a loved one undergo a routine medical procedure at Baylor Scott & White Surgicare North Dallas, located 12230 Coit Road and suffer severe, life-threatening medical emergency afterwards?  If so,…

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Aramark Hit With Overtime Pay Lawsuit

A former food service manager has filed a collective action alleging that Aramark misclassified her and others and illegally denied them overtime pay in violation of state and federal overtime laws. According…

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Pepsi sued for unpaid overtime related to Kronos hack

PepsiCo Inc., along with several of its subsidiaries and related companies, have been sued numerous times for overtime violations related to its failure to timely pay its employees after its timekeeping system…

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Labor Source Sued for Improper Deductions and OT Violations

Staffing company Labor Source has been sued for alleged overtime violations.  Labor Source is a staffing agency with its principal office in Olathe, Kansas, and other main offices in Kansas City, St….

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Albertson’s sued after failing to include virus hazard pay in OT pay

Grocery chain Albertson’s has been sued in federal court in Massachusetts after it allegedly failed to include $2 per hour in “hazard pay” related to the Corona virus in its overtime calculations…

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Bad Faith Insurance Claims in Texas: What You Should Know

Under Section 541 of the Texas Insurance Code, an insurer breaches its duty of good faith and fair dealing when it denies a claim after its liability has become reasonably clear. Universal…

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What is an RCV policy?  

Understanding the terminology of insurance policies is critical in understanding your legal rights under them.  An insurance policy that allows “RCV” or “Replacement Cost Value” typically means the cost to replace the…

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Drivers and Overtime: What to Know About the Transportation Worker Arbitration Ban

Workers are often required by the companies they work for to sign documents containing arbitration provisions.  Companies do this because they believe arbitrators are more “defendant friendly,” and thus the arbitration provision…

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Dental Fraud Attorney

Dental fraud is a major and growing problem in this country.  Dentists perform thousands of unnecessary procedures each year, so they can bill federal and private insurance companies and increase their bottom…

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What you need to know about treadmill injuries

Thousands of people are injured each year by treadmills.  According to the federal agency that monitors consumer injuries, the Consumer Product Safety Commission, there were over 24,400  ER visits due to treadmill…

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Peloton Treadmill Injury?  Read This.  

Fitness equipment company Peloton has come under pressure from regulators and consumer groups to recall its treadmill after numerous injuries were reported.  A federal safety agency, the Consumer Product Safety Commission, told…

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Courts Decline to Follow Swales in Certification Disputes

In Swales v. KLLM Transport Servs, LLC, 985 F.3d 430 (5th Cir. 2021), the 5th Circuit frowned on the long-standing two-stage approach to certification of FLSA overtime collective actions and instead found…

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Liftboat workers win appeal of overtime case

The Fifth Circuit has ruled in favor of a proposed collective class of liftboat workers in their overtime case.  A former worker filed suit against All Coast, LLC, alleging that he was…

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SEC investigating Exxon based on whistleblower complaint

According to a report from the Wall Street Journal, Exxon is being investigated by the Securities and Exchange Commission after an employee filed a whistleblower complaint regarding how the company valued some…

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Twelve common overtime pay questions – ANSWERED!

Overtime pay can be confusing to non-lawyers.  In an effort to provide as much public information about overtime pay as possible, we provide the following article that provides some of the most…

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Court denies decertification of salaried nurse consultant OT case

A federal judge in Wisconsin has denied a motion by Humana to decertify a collective action in an overtime case filed by salaried nurse consultants.  The parties had previously stipulated to conditionally…

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Detention officers win overtime pay appeal

A large group of detention officers has won an appeal of a decision in an overtime pay lawsuit.  In Aguilar v. Management & Training, No. 17-2198 (10th Cir. 2020), one-hundred twenty-two officers…

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Court refuses to send overtime claim to arbitration

Companies often require their workers to sign arbitration provisions in an effort to protect themselves from overtime claims. This is often misguided, as arbitration is ultimately more expensive for the employer than state…

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Appeals court certifies class of delivery drivers

It is fairly rare for an appellate court to rule on a motion to certify an overtime case.  But the Third Circuit recently did in Hargrove v. Sleepy’s LLC, No. 10-cv-01138, 2019…

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