Wage & Hour — Developments & Highlights


Mark contributes to the Wage & Hour — Developments & Highlights blog to provide the latest information and his observations on new developments in wage-hour law, such as class actions, exemption/misclassification and working time issues.

Recent Blog Posts

  • Airline Avoids Liability for Training Time Activity – Court Holds It Was Not “Work” The issue of whether to pay for training time is a vexing one.  In a recent case, a major airline avoided liability (for the most part) in a FLSA collective action alleging that it did not pay workers for time spent in a customer service-training program.  The Court held that the trainees were not employees “engaged” in work.  The case is entitled Otico v. Hawaiian Airlines Inc., and was filed in federal court in the Northern District of California. Copyright: khunaspix... More
  • Emotional Harm Damages Allowable In FLSA Case: A Trend? Usually, in FLSA cases, no emotional damages are allowable in retaliation cases.  Perhaps that inviolate principle is now changing.  In an important case, the Fifth Circuit has recently held that “an employee may recover for emotional injury resulting from retaliation” under the Fair Labor Standards Act in Pineda, et al. v. JTCH Apartments LLC.  Copyright: tomwang / 123RF Stock Photo The FLSA prohibits employers from retaliating against employees for complaining about not being paid correctly or for commencing a lawsuit or an... More
  • Puzder Denies He Will Withdraw Name from Consideration for DOL Secretary Although Andrew Puzder, the fast food executive who has been named as the nominee for Secretary of Labor, has indicated that he is “looking forward” to his confirmation hearing, there are also indications that he may withdraw his name from consideration for this post.  There are unnamed sources that assert that he was having second thoughts about the job and could be “bailing” due in part to the intense criticism that has come at him from many sides, e.g. labor... More
  • In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices There have been a number of cases in which the FLSA employee status of exotic dancers has been litigated.  Well, in a very recent one, the plaintiffs’ counsel is strongly attacking the Company’s early summary judgment motion.  The dancers argued they were employees, not independent contractors; the Court has now granted conditional certification to the class.  The case is entitled Shaw et al. v. The Set Enterprises Inc. et al., and was filed in federal court in the Southern District... More
  • Democratic Senators Hear from Hardee’s Workers on Labor Secretary Nominee Senator Elizabeth Warren, D-Mass., and Patty Murray, D-Wash., took testimony from workers at Carl’s Jr. and Hardee’s. These are the businesses that are operated by Labor Secretary nominee Andrew Puzder. The employees spoke of wage theft and other allegedly improper employment practices. The Senators organized the forum after Sen. Lamar Alexander, R-Tenn. (the Chair of the Senate Health, Education, Labor and Pensions Committee) denied a request by several Democratic senators to allow the workers to testify at Puzder’s forthcoming confirmation hearing. ... More
  • “Mud Men” Reach Settlement In Overtime Suit I love this one.  For the title of the worker classification involved.  It appears that a class of drilling fluid specialists, commonly referred to as “mud men,” has reached a $7 million settlement in its wage and hour suit against M-I LLC.  The case is entitled Syed et al. v. M-I LLC and was filed in federal court in the Eastern District of California. The employees worked in drilling operations in Bakersfield, Calif.  They claimed they were compelled to work either... More
  • Employer Wins Sanctions Against USDOL In Overtime Case—The Wheel Turns The Other Way Copyright: severija / 123RF Stock Photo Usually, it is the USDOL that is seeking sanctions against an employer who has, in wholesale fashion, violated the Fair Labor Standards Act. Well, for once that wheel has turned the other way. A federal judge has just sanctioned Labor Secretary Tom Perez for discovery failures and the Court prevented the government from calling witnesses at trial. Further, the lawyer representing the agency has sought permission to withdraw from the case. The case is entitled... More
  • Deductions Issues Require Scrutiny of Both Federal and State Laws Employers may make deductions for uniforms under the Fair Labor Standards Act but such deductions cannot take their wage rates under the minimum. Life Time Fitness just learned this truism. The gym chain has agreed to pay in excess of $976,000 in back wages and damages to almost 16,000 employees whose wages fell below the minimum after these deductions were made. Copyright: fotomircea / 123RF Stock Photo The Wage Hour Administrator stated that “the U.S. Department of Labor takes its responsibility to... More
  • DOL Appeal on FLSA Exemption Issue Will Be Fast-Tracked I blogged about this the other day.  Well, the Fifth Circuit has acted with alacrity and has stated that it will hear the USDOL appeal of the lower court injunction blocking the new overtime regulations on an accelerated, expedited basis.  Indeed, the Court has ordered that briefs be submitted by the end of January, which, for legal proceedings, is very quick.  The case is entitled Nevada et al. v. U.S. Department of Labor et al., in the Court of Appeals... More
  • DOL Urges Fifth Circuit To Speed Up Its Review of The Lower Court Decision The DOL filed an appeal of the lower court’s granting an injunction staying the implementation of the new overtime regulations.  Now, as expected, frankly, the agency has requested that the Fifth Circuit expedite these proceedings.  The agency claims that the delay has denied giving additional pay (i.e. overtime) to millions of workers. Copyright: sergo / 123RF Stock Photo The Department of Labor observed that the States themselves asked for an expedited argument and decision.  The agency’s theory is that the lower court... More