Fair Wage Laws
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…
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…
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…
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…
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…
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…
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…
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…
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….
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…