Independent Contractor Overtime
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…
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…
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…
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…
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 when…
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…
Another class action certification has been won by distributor-drivers who claimed they were misclassified as independent contractors and denied overtime pay. The distributors fought hard in their ongoing unpaid overtime compensation lawsuit…
The e-commerce giant, Amazon, faces a proposed collective action lawsuit alleging that it misclassified its drivers as independent contractors after a Washington federal judge said this week that the drivers fit the…
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…
A Health, Safety and Environment (“HSE”) Advisor recently filed suit in federal court in Houston, alleging that he and other HSE Advisors working for RWDY, Inc. (“RWDY”), Brian Owen and/or Marathon Oil…