In a recent case, a federal Court has held the Statute of Limitations tolled while a Motion for Class Certification is pending. Unlike the filing of a Class Action under Rule 23, the filing of a Collective Action does not toll the Statute of Limitations. Therefore, the 2 year (or 3 year if willful) statute […]
Statute Of Limitations Tolled During Time Motion For Conditional Certification Pending Read More »
As of July 26, 2012, there have already been 60 more lawsuits (7,064 total) filed under the Fair Labor Standards Act (FLSA) than the entire year of 2011. FLSA Lawsuits Article. The biggest increase in claims results from misclassifications. The two major problems areas exist when (1) an employer classifies an individual as an independent
The Fair Labor Standards Act (FLSA) affects most private and public employment and relates to, among other things, overtime pay and minimum wages. The FLSA requires employers to pay covered non-exempt employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week. Covered employees must be
Traditional discrimination or retaliation claims involves the employer taking the discriminatory or retaliatory action. Often times companies will try to create an independent process for terminating an employee to avoid liability. For example: an employee receives several disciplinary write-ups. After a certain amount of write-ups, Human Resources becomes involved. At large companies, the HR Representative
Take Aways: 1. The United States Supreme Court’s Genesis holding offered nothing to resolve the circuit split and dodged the central issue: Whether an unaccepted offer of judgment that fully satisfies a plaintiff’s FLSA claim moots the claim. 2. Going forward, the Court’s holding in Genesis is meaningless because it is premised on the contemplation
How Will The Supreme Court’s Opinion In Genesis Impact Flsa Collective Actions? Read More »
When can an individual be considered an “employer” under the Fair Labor Standards Act? Under the Fair Labor Standards Act (FLSA), an employer must pay its employees for all hours worked. The term “employer” is very broad; it includes both companies and individuals “acting directly or indirectly in the interest of an employer in relation
Can An Individual Be Liable For Unpaid Wages? Read More »
Do you receive commission, bonuses, or some other sum of money in addition to your regularly hourly pay? If so, is your employer correctly calculating your overtime pay? Basic Overtime Calculation: Employers are typically required to pay their employees one and one-half times their regular rates of pay for all hours worked in excess of
Do You Receive Bonuses Or Commissions? You Might Be Owed Wages Read More »
Mansell Law has been recognized by U.S. News and Best Lawyers as “Best Law Firms in America” in two categories: Employment Law – Individuals; and, Litigation – Labor and employment. See Our Listing. To obtain this ranking, there is a rigorous process that includes peer review, client review, and an independent analysis of the law firm.
Mansell Law Recognized By U.s. News As Best Law Firms In America Read More »
Here’s the scenario: everyday you arrive to work early to make sure you have enough time to park, put your coat and lunch away, and get in line to punch-in at the time clock. But how are you rewarded for this early arrival? Your employer rounds your early punch-in up to your start time anyway
When Does Time Clock “rounding” Violate The Law? Read More »
Should I be paid for “On-Call” Time? Being “on-call” can be annoying and really limit what you are able to do outside of work. So when is your employer required to pay you for time spent on-call? The answer, as with many wage and hour questions is that it depends on the specific circumstances of
Should You Be Paid For “on-call” Time? Read More »
