Employment

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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Court holds mortgage workers not exempt from OT pay

Employers are frequently sued for violating state and federal overtime pay laws resulting from classifying their workers as exempt when they should not do so.  A recent case decided by a federal…

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5th Circuit Issues Opinion on Class-Wide Overtime Arbitration

Employers are increasing their efforts to force workers to sign arbitration agreements in an effort to shield themselves from class and collective actions for overtime pay.  The Fifth Circuit recently refused to…

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Severance Agreements – What You Should Know

A severance agreement is an important legal document.  Workers that are given such agreements should always consult with an experienced employment attorney to learn of their legal rights before signing them.  Below…

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Should I sign a severance agreement?

Companies that decide to lay off workers usually give these workers a severance agreement to try to minimize their exposure to lawsuits.  A severance agreement is an important legal document.  It is…

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Court awards OT damages to Five Star Automatic Protection workers

Companies commonly violate the FLSA by failing to pay employees for pre-shift work and/or travel time. A case from the Western District of Texas illustrates these issues.  Following a lawsuit filed by…

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Court denies effort to assert second overtime class action

Workers who are shorted on overtime claims often have a choice to make as to whether to opt in or out of a class or collective action settlement.  Whether they join the…

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Recent Case Shows the Risk of Companies Taking Overtime Claims to Trial

A recent case in federal court in Connecticut demonstrates how expensive it can be for a defendant to fight an overtime case all the way to trial. Several class representatives filed an…

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Another court rejects abusive litigation tactics by Postmates

Companies have long sought to use arbitration to try to limit their liability on unpaid overtime claims. However, a recent court decision involving Postmates illustrates that arbitration may be a classic case…

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Lawsuit filed against CMR for unpaid commissions

A lawsuit has been filed in state court in Tarrant County, Texas by a former salesman against CMR Construction and Roofing of Texas, LLC. CMR is a nation-wide “multi-million dollar” roofing company…

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How is Overtime Defined?

Overtime Definition I get calls from potential clients who want to know how overtime is defined and what sort of work constitutes overtime.  While some states have their own laws governing overtime,…

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Cenikor investigated for possible labor violations

UPDATE: On May 1, 2019, Borsellino, P.C. filed a lawsuit against Cenikor for labor violations related to its work program.  For more information regarding this lawsuit, including who may be eligible to…

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What you need to know about unpaid overtime laws and lawsuits

If you have been denied overtime pay, you likely have many questions.  What are the overtime laws?  Who should I talk to about overtime pay?  What if I can’t afford an overtime…

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Independent Contractor Overtime: What You Should Know

Having represented hundreds of workers in overtime pay disputes over the past seven years, I know that there is a lot of confusion among workers when they are classified as independent contractors…

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Court allows oilfield overtime class action to proceed

A federal court in Oklahoma recently denied an oilfield services company’s efforts to dismiss a collective action lawsuit seeking unpaid overtime.  A former employee of Gore Nitrogen Pumping Service filed suit against…

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Workers Increasingly Suing Companies for Time-Shaving Software

Over the past several years, employers have increasingly used time-tracking software that allows them to keep track of their employees’ time down to the minute.  But in many cases, companies choose to…

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How Does the False Claims Act Protect Whistleblowers?

What is the federal whistleblower statute?   Many people do not know that there is a federal statute that provides job protection as well as a potential substantial monetary reward for whistleblowers…

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Fourth Circuit Rules for Workers on OT Case

Another “mixed fleet” FLSA case has recently been decided, with the Fourth Circuit ruling favorably for the plaintiffs.  As I have previously written, a “mixed fleet” case is one in which a…

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Fiberoptic Technician Sues for Overtime Pay

A fiberoptic technician has filed suit for unpaid overtime in federal court in Midland, Texas.  The plaintiff formerly worked for ABP, Inc., which performs testing on fiberoptic networks for customers in Texas…

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