Tag Archives: “overtime claims”

Fifth Circuit Applies Fluctuating Work Week in FLSA Misclassification Case

By Greg Mersol on August 30, 2013 Posted in Overtime Claims

You might want to grab a calculator, or at least some strong coffee, before reading this. If an employee or group of employees have been found to have been misclassified as exempt, are they entitled to time-and-a-half for overtime hours, or only the half-time premium? Years ago, the Supreme Court seemed to indicate that in … Continue Reading

Virginia District Court Denies Conditional Certification of FLSA Case

By Greg Mersol on August 14, 2013 Posted in Wage and Hour

A Virginia District Court has denied conditional certification of a class of chauffeurs in claims for unpaid overtime and has also recognized the application of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to the calculation of damages under the Fair Labor Standards Act. In Amir v. Sunny’s Executive Sedan Service, Inc., Civil … Continue Reading

California Court Rejects Proposed Settlement Like Audiences Reject The Lone Ranger

By Jeffrey Vlasek on August 7, 2013 Posted in FLSA, Overtime Claims

Does anyone remember when Iron Man 3 came out back at the beginning of May? Does anyone care that it’s the highest grossing movie of 2013? Probably not. And most people probably don’t care that July 2013 went down as the second highest-grossing month of all time, thanks to Despicable Me 2, Monsters University, and … Continue Reading

21 Club “Gets Served” On Overtime Class Claims

By Todd Dawson on August 23, 2010 Posted in Arbitration, Class Certification, FLSA, Overtime Claims, Tip-Pooling, Wage and Hour

“……and Please Remember to Tip Your Bartender And Waitress.” The famous 21 Club in New York was on the Curly end of a Larry-esque double-slap from the Southern District of New York last week. Alderman v. 21 Club.pdf Case No. 1:09-cv-2418 (Aug. 20, 2010). By way of background, the plaintiff employees in Alderman are seeking to … Continue Reading

The Dukes Decision Does Not Apply To Overtime Misclassification Claims

By Greg Mersol on June 16, 2010 Posted in Class Certification, Discrimination, FLSA, Overtime Claims, Title VII

In the weeks following April 26, 2010, en banc decision of a deeply divided Ninth Circuit in Dukes v Wal-Mart Stores.pdf, 603 F.3d 571 (9th Cir. 2010), plaintiffs have predictably argued that the opinion justifies the certification of classes of virtually any size, including those in the overtime/misclassification arena. The case, however, does not apply … Continue Reading