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FLSA

Statute Of Limitations Tolled During Time Motion For Conditional Certification Pending

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 […]

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Are You Really An Independent Contractor Or “exempt” From Overtime Or Minimum Wage? Lawsuits For Misclassification Soar In Down Economy.

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

Are You Really An Independent Contractor Or “exempt” From Overtime Or Minimum Wage? Lawsuits For Misclassification Soar In Down Economy. Read More »

Do You Make Too Much Money To Be Entitled To Overtime Under The Flsa? Information On The Highly Compensated Workers Exemption.

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

Do You Make Too Much Money To Be Entitled To Overtime Under The Flsa? Information On The Highly Compensated Workers Exemption. Read More »

Cat’s Paw Theory: Can A Company Be Held Liable If The Discriminating Supervisor And The Individual(S) Who Made The Decision To Terminate Are Different?

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

Cat’s Paw Theory: Can A Company Be Held Liable If The Discriminating Supervisor And The Individual(S) Who Made The Decision To Terminate Are Different? Read More »

How Will The Supreme Court’s Opinion In Genesis Impact Flsa Collective Actions?

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 »

Work Clock and Cash

Can An Individual Be Liable For Unpaid Wages?

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 »

Bonuses

Do You Receive Bonuses Or Commissions? You Might Be Owed Wages

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 Recognized

Mansell Law Recognized By U.s. News As Best Law Firms In America

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.

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