Often, an individual wage and hour claim involves minimal liability, and the real threat lies in the class or collective action. Not surprisingly, employers would often prefer to pay the alleged unpaid wages owed to the plaintiff than face the cost and expense of a class action. Once the claim is satisfied, the plaintiff’s claim… Continue Reading
Category Archives: Collective Actions
Subscribe to Collective Actions RSS FeedNLRB Strikes Down Class Action Arbitration Waivers
Posted in Collective ActionsIn a decision issued January 3, the National Labor Relations Board (NLRB) held that a mandatory arbitration agreement which required all employment-related disputes to be submitted to arbitration, but also prohibited the arbitrator from considering class or collective action claims, violated the National Labor Relations Act (NLRA). D.R. Horton, Inc., Case 12-CA-25764 (January 3, 2012)…. Continue Reading
Update on Retail Manager Overtime Suits
Posted in Collective Actions, Fair Labor Standards Act (FLSA), Uncategorized, White Collar ExemptionsOne of the issues we are followig closely on this blog is the impact of the Dukes v. Wal-Mart case on wage and hour class/collective actions across the country, especially in the retail industry. In that regard, another case out of California shines some light on how the courts are perhaps making it harder for… Continue Reading
Federal Courts Still Disagree on Class Treatment of Retail Managers
Posted in Collective Actions, Fair Labor Standards Act (FLSA), OvertimeNow that the Supreme Court has weighed in on its views of large class actions in Dukes v. Wal Mart, lower courts are struggling with how to apply that same logic to the exploding number of collective actions filed under the Fair Labor Standards Act (FLSA). A couple of recent cases involving retail and restaurant managers… Continue Reading
Employee Commute Time – Is It Compensable?
Posted in Collective Actions, Off the ClockOff the clock lawsuits are like locusts sweeping across the nation’s courts. Wage and hour collective and class actions now outnumber all other types of employment class actions, and plaintiffs’ lawyers are always looking for a new theory to argue that employees have not been paid for all of their work time. One of the… Continue Reading