Overtime Pay

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 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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Another court rejects abusive litigation tactics by Postmates

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…

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