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Article

Fox Rothschild LLP | USA | 14 Nov 2011

The U.S. Chamber of Commerce joins the fight against preserving hard drives for all potential class action members

On November 7, 2011, the U.S. Chamber of Commerce (the “Chamber”) filed an amicus brief in support of the motion by KPMG LLP (“KPMG”) to set aside the Southern District of New York’s denial of its application for a protective order.

Article

Fox Rothschild LLP | USA | 25 Mar 2011

Security officers found to be exempt employees: an interesting twist

It is often difficult to claim that security officers are exempt from overtime under the Fair Labor Standards Act.

Article

Fox Rothschild LLP | USA | 21 Mar 2011

A pleasant surprise for loan companies --- mortgage loan officers found to be exempt from overtime

On March 17, 2011, a Michigan jury returned a verdict in favor of loan company, Quicken Loans Inc. in a class action lawsuit alleging that Quicken had failed to pay them overtime under the Fair Labor Standards Act (“FLSA”).

Article

Fox Rothschild LLP | USA | 30 Sep 2010

Loss Prevention Managers: do they fit within the administrative exemption?

A class of Loss Prevention Managers are suing their employer in a Fair Labor Standards Act collective action, contending they have been incorrectly classified as exempt.

Article

Fox Rothschild LLP | USA | 31 Aug 2010

Health care industry: DOL intensified focus mandates more awareness

In a recent posting in the Wage Hour Defense Blog, Kara Maciel brought attention to the new, intensified focus by the federal Department of Labor in auditing and inspecting health care facilities.

Article

Fox Rothschild LLP | USA | 4 Jan 2010

Law firm sued by legal secretary on exemption misclassification theory

Law firms are usually defending clients in wage-hour suits where the allegation is that the employee claims heshe has been misclassified as exempt when heshe is really not and is due overtime.

Article

Fox Rothschild LLP | USA | 30 Nov 2009

Another FLSA class action on exempt status of dispatchers: the threat grows

A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a FLSA collective action seeking overtime, was not able to prove that he was "similarly situated" to other employees and the judge refused to grant even the conditional certification necessary to keep the case going.

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