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

  • Business Groups Want Fast Hearing On DOL Changes: Hope They Get It! I blogged about this a short time ago. More than fifty (50) business groups requested that a US District Court Judge render a fast decision in the case involving the constitutionality of the USDOL’s new overtime regulations, i.e. the doubling of the salary threshold.  The case is entitled Plano Chamber of Commerce et al. v. Perez and was filed in federal court in the Eastern District of Texas. Copyright: bbourdages / 123RF Stock Photo The theory is that the DOL exceeded its... More
  • Tax Records Discoverable And, Maybe, ATM/Cell Phone Records Are As Well? I read an interesting post the other day by Michael Thompson in the Wage & Hour Defense Blog, in which he discussed the discoverability of plaintiff ATM and cell phone records in a FLSA collective action case.  He discussed the case of Gonzalez v. Allied Concrete Industries, Inc., where the plaintiffs claimed they were not paid overtime in violation of the Fair Labor Standards Act and New York law.  The case was filed in federal court in the Eastern District... More
  • Lawsuits Filed In Effort To Stop New FLSA Salary Levels: An Exercise in Futility? For the last several months, I have been talking to and advising clients on strategies to deal with the advent of the new FLSA salary regulations, i.e. the $913 per week commencing December 1, 2016.  Maybe all that was for naught?  This is because more than fifty business groups and twenty-one (21) States have filed lawsuits challenging these rule changes.  The theory is that the agency unconstitutionally exceeded its authority to establish a federal minimum salary level for exempt, white... More
  • Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend? I recently blogged about the defendants in a FLSA case being able to secure plaintiff tax returns in discovery.  Maybe that was the start of a trend.  In a New Jersey case, a federal judge has ordered all of the named plaintiffs to produce tax returns for the tax years for which they claim damages in this action.  The case is entitled Kim v. Dongbu Tour & Travel, Inc and was filed in federal court in the District of New... More
  • Florida Golf Courses Settle A Bad FLSA Case: The Right Thing To Do! I had blogged about this case a short time ago, with my “take” being that this was a bad case for the employer and that it should be settled quickly.  Maybe they were listening.  Now, the employer, a Florida country club and the workers suing have requested that the federal judge dismiss the Fair Labor Standards Act (“FLSA”) suit, asserting that the club has paid almost $96,000 to 35 workers and $34,000 in fees to the lawyers.  The parties assert... More
  • Motion for Conditional Certification Defeated in Texas Oil Worker FLSA Collective Action Case: A Rare (But Welcome) Occurrence! It is not that often that a motion for conditional certification is denied, as there is only needed a modicum of evidence, e.g. affidavits, to support the motion.  But sometimes, it does happen.  A federal judge has refused to certify a collective action that sought a class of employees against Stuart Petroleum Testers Inc.  The plaintiffs allege that they were not paid overtime under the Fair Labor Standards Act, but the Judge concluded that the named plaintiff did not introduce... More
  • Makin’ Choices Makes Bad Choice In Allegedly Retaliating Against Employees Who Received Monies from USDOL Audit After an employer make settlements with employees, especially if done through a DOL investigation, and those employees are still employed, there exists perhaps a natural “urge” to take some of that money back or perhaps, to get some pay back.  That’s a No-No.  To prove the point, the US Department of Labor has now sued an employer who cut the wages of two workers when they refused to return back wages paid to them as part of a settlement in... More
  • Take the TSheets Quiz: How Much Do You Really Know About the FLSA? Copyright: netsay / 123RF Stock Photo The TSheets Time Tracking Blog recently posted a quiz testing readers’ knowledge of the Fair Labor Standards Act (FLSA). It was a pleasure to assist in preparing the 9-question quiz, asking participants to correctly apply the FLSA to several hypothetical situations. Can you get a perfect score?... More
  • USDOL Settles Allegations It Failed To Pay Overtime: What Is Going On? As I live and breathe! The USDOL, the agency charged with enforcing the Fair Labor Standards Act has, evidently, not been paying its own employees proper overtime.  The agency has just agreed to pay $7 million to settle claims that it did not pay proper overtime to thousands of its own employees.  The matter was brought as a grievance by the American Federation of Government Employees, Local 12 (“AFGE”) and had been percolating through “the process” for almost ten years. By AgnosticPreachersKid... More
  • Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go! This is an interesting case and a (possible) double victory for the employer.  A rarity.  An employer-defendant, Dynamex, Inc. has filed a motion to eliminate more than 30 opt-ins from a conditionally certified collective action under the FLSA seeking back due wages for overtime violations.  On that very day, the employer won the right to access some of the opt-in members’ tax records.  The case is entitled Juan Saravia v. Dynamex Inc. and was filed in federal court in the Northern... More