Fair Wage Laws

New Mexico Court Certifies Collective Action for Hospital Workers

A federal court in New Mexico recently certified a case as a collective action in which the plaintiff alleged that a hospital center in Las Cruces, New Mexico violated state and federal…

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Court allows OT claim for rounding by timekeeping software

The Eighth Circuit Court of Appeals has allowed a claim for unpaid overtime alleging improper rounding to move forward.  Hourly employees sued St. Luke’s Health System, alleging that the automated timekeeping system…

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Energy service company’s dispatchers and controllers not subject to administrative OT exemption

Unitil Service provides “administrative and professional services on a centralized basis” to Unitil Service subsidiaries “including regulatory, financial, accounting, human resources, engineering, operations, technology, energy management and management services.” More specifically, Unitil…

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Travel Time and Overtime Pay: What You Need to Know

One way companies cheat their workers out of overtime pay is by refusing to pay for travel time.  This issue is commonly seen in overtime lawsuits.  Here are some common issues that…

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Common Questions About Unpaid Wages in Texas

My clients have many questions about unpaid wages and overtime pay in Texas.  The purpose of this article is to answer some of the most common ones that my clients have regarding…

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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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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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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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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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