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Results: 1-10 of 41

Smart phones and the DOL: employers better wise up
  • Fox Rothschild LLP
  • USA
  • September 23 2011

Some months ago, I had posted about the DOL commencing a program by which it was going to make referrals of DOL complaints to private plaintiff attorneys


New Jersey adopts Federal white collar exemptions
  • Fox Rothschild LLP
  • USA
  • September 14 2011

Under both New Jersey (NJ) and Federal law, unless exempt, employees who work more than forty (40) hours in a given week are required to be paid at least one-and-a-half times their regular hourly rate


Fifth Circuit rules severance payments cannot offset back wages under the FLSA
  • Fox Rothschild LLP
  • USA
  • September 8 2011

In an interesting case, the Fifth Circuit has addressed the issue of whether an employer may take, as an offset, severance payments that were given to an employee under a severance agreement, against an allegation that the employee is due overtime pay


Willfulness issue is tricky in FLSA collective actions
  • Fox Rothschild LLP
  • USA
  • August 30 2011

When plaintiffs file a FLSA collective action, they always claim that the employer acted willfully, so the plaintiff (and class) can reap the benefit of an extra year, a third year, on the statute of limitations


Offer of judgment strategy in defending FLSA cases takes a beating!
  • Fox Rothschild LLP
  • USA
  • August 18 2011

Two years ago, I made an Offer of Judgment in a collective action FLSA case where the named plaintiff refused the Offer, which then allowed me to make a motion to dismiss for mootness, which was granted by Honorable Susan Wigenton in the District of New Jersey


How to stay in shape? File a FLSA collective action
  • Fox Rothschild LLP
  • USA
  • August 12 2011

There is no job classification or category that is immune to “sponsoring” a FLSA collective action


An interesting twist on retaliation lawsuits under the FLSA
  • Fox Rothschild LLP
  • USA
  • July 8 2011

In FLSA cases in which retaliation is alleged, it is incumbent upon the employer to defend by showing that the disciplinary process had started prior to the protected activity, meaning that the employer must show that the employee’s engaging in the protected activity could not salvage a job that was legitimately in danger


Another technician off-the-clock class action: the most dangerous occupation for such claims
  • Fox Rothschild LLP
  • USA
  • June 6 2011

I have often discussed the issue of lawsuits (usually collective actions) for off-the-clock claims and preliminary and postliminary work claimed to be compensable


Security officers found to be exempt employees: an interesting twist
  • Fox Rothschild LLP
  • USA
  • March 25 2011

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


The legality of reducing wage rate to "avoid" overtime: the Supreme Court may decide
  • Fox Rothschild LLP
  • USA
  • March 8 2011

I have believed that it is not illegal form an employer to reduce the wage rate of an employee, even if the objective is to save overtime costs or where as DOL audit has turned up liability and the employer wishes to respond by effecting a reduction in wage rates so the employer's labor costs do not increase