Overtime Pay
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…
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 in an effort to shield themselves from class and collective actions for overtime pay. The Fifth Circuit recently refused to…
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 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…
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…
Verizon wirelines retailer, Russell Cellular, Inc., has been sued in federal court for violations of the New Mexico Minimum Wage Act (“NMMWA”). The lawsuit involves claims by two former store managers who…
When a worker leaves a company, either voluntarily or involuntarily, it is not uncommon for the employer to ask them to sign a severance agreement. Such documents often contain a clause that…
A Kansas federal district court recently conditionally certified an overtime case brought by engineers working at Amazon. When there is one employee who has been wrongfully denied overtime without proper pay, there…
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…
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,…
