Fair Wage Laws
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…
Employers are increasing their efforts to force workers to sign arbitration agreements to shield themselves from class and collective actions regarding overtime pay. The Fifth Circuit recently refused to disturb an arbitrator’s decision…
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…
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 regarding…
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…
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…
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…
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,…
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…
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…
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…
Being able to go to the dentist, the doctor, take off for vacation or just being able to rest if you are sick is impossible if an employee cannot take off during…
What are the Texas Overtime Laws? I get calls all the time from people wanting to know more about the overtime laws in Texas. The answer is both simple and complex –…
Nurses are beginning to file suit against hospitals because of mandatory meal period deductions. Nurses are being docked pay because of hospital policies that fail to properly compensate non-exempt nurses for work…
A federal court in San Antonio recently refused to enforce an arbitration provision in an overtime lawsuit filed by nurses against their former employer. Plaintiffs alleged that Defendants failed to pay their…