Fair Wage Laws

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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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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Court holds Utilization Management Nurses not exempt from OT pay

Utilization review employees are often misclassified as exempt from state and federal overtime laws and denied overtime pay.  A decision from a federal judge in Wisconsin highlights that such personnel policies are…

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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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Janitorial Company Sued for Overtime Violations

The janitorial industry is rife with overtime violations. A case filed by the Department of Labor (“DOL”) illustrates some of the issues in this industry. Jani-King of Oklahoma Inc. was sued for…

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Federal Court Finds for Call Center Workers 

Call centers frequently violate the FLSA by failing to pay their workers overtime or minimum wages. A recent federal case in Nevada illustrates some of the issues call center employees face when…

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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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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 sued for minimum wage and overtime violations

Cenikor Lawsuit A former patient of Cenikor Foundation has filed a class action lawsuit in federal court in Houston against the company, alleging that its work program violates federal minimum wage and…

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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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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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3 Things To Know About Day Rates and Overtime

Day rates used to be a staple in the oilfield industry, as well as other areas such as construction.  Hundreds of oilfield companies have been sued by current and former employees for…

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