Overtime Pay

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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Store managers seek class action against Russell Cellular for unpaid overtime violations

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…

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Overtime Claims and Severance Agreements – What You Should Know

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…

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District Court conditionally certifies FLSA case against Amazon

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…

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Court certifies class of delivery drivers in Flowers Foods OT lawsuit

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…

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How is Overtime Defined?

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,…

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Cenikor sued for minimum wage and overtime violations

Cenikor Lawsuit A former patient of Cenikor Foundation has filed a class action lawsuit in federal court in Houston against the company, alleging that its work program violates federal minimum wage and…

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Cenikor investigated for possible labor violations

UPDATE: On May 1, 2019, Borsellino, P.C. filed a lawsuit against Cenikor for labor violations related to its work program.  For more information regarding this lawsuit, including who may be eligible to…

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Amazon Delivery Drivers win worker exempt status under FAA

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…

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What you need to know about unpaid overtime laws and lawsuits

If you have been denied overtime pay, you likely have many questions.  What are the overtime laws?  Who should I talk to about overtime pay?  What if I can’t afford an overtime…

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