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
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 »
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 »
What is Gap Time? Should My Employer Be Paying Me For It? “Gap time” is a term used to describe the gap between hours paid by an employer and non-overtime hours worked.[1] When an hourly employee is scheduled and works 40 hours in a week, no gap time exists. Generally, gap time issues arise when
