Tag Archives: overtime

Another Court Rejects Class Claims Contending That Vocational Students Are Really Employees

By Greg Mersol on February 22, 2019 Posted in FLSA

In yet another challenge regarding the employment status of students and interns as employees, the Second Circuit has concluded quite rightfully that vocational students – even those at for-profit institutions – are still students. We’ve seen this argument before in the context of both students and interns. (November 15, 2018, December 12, 2017, and May … Continue Reading

California Court of Appeals Affirms Employer Class Action Wage and Hour Win at Trial

By Greg Mersol on October 16, 2018 Posted in Class Action Litigation, Wage and Hour

Employer Performance-Based Rate Scheme for Automobile Repair Upheld Under California Law With many of the easy targets for wage and hour matters gone (e.g., misclassification of assistant managers), plaintiffs’ counsel have increasingly turned to technical overtime or minimum wage violations as a vehicle to bring class or collective action litigation. As a recent claim reflects, … Continue Reading

California Court Denies Conditional Certification of “Regular Rate” Overtime Case

By Greg Mersol on November 6, 2017 Posted in Wage and Hour

With waves of cases already having addressed common targets for wage and hour litigation – assistant managers, healthcare workers, loan officers, donning and doffing claims, and the like – cases alleging more arcane claimed violations are becoming more common. In many of these cases, plaintiffs’ counsel have sighted popular employee perks, like free meals or … Continue Reading

Time Study Kills Off-the-Clock Claim

By Greg Mersol on October 13, 2017 Posted in Off-the-clock, Overtime Claims

In many cases, particularly in light of last year’s decision in Tyson Foods, Inc. v. Bouaphakeo, it is the plaintiff who tries to use statistical evidence in an off-the-clock case to estimate damages (we blogged the Tyson Foods decision here. But that same data may not only be used by the employer but also can … Continue Reading

Court Dismisses Class Action Claims Based on Afghanistan Labor Code

By Greg Mersol on June 28, 2017 Posted in Wage and Hour

United States lawsuits involving the law of Afghanistan are uncommon, but it is common for employees to bring suit based on work done abroad generally, and not just in that one country. A recent case, however, illustrates that while the United States may be a more convenient forum, even a class action may founder if … Continue Reading

District Court Denies Conditional Certification of Off-the-Clock Case Despite Bad Emails

By Greg Mersol on June 3, 2016 Posted in Conditional Certification, Wage and Hour

“As far as overtime, you (like I) can only bill a 40hr work week even though we put in like 60hrs at times.” This isn’t exactly the email you want to see if you are defending an off-the-clock wage and hour claim, but it was one of several addressed this week by the District of … Continue Reading

Employees Seek To Take Bite From Apple (and Urban Outfitters)

By Jeffrey Vlasek on February 25, 2014 Posted in Overtime Claims, Retail, Wage and Hour

Chances are that if you ask someone what they remember from the cult-classic Paul Verhoeven film Total Recall, they’ll recall (among other things) the sequence where Arnold Schwarzenegger attempts to sneak through security. In the sequence, guards watch all of the citizens passing through on a large x-ray screen which depicts their skeletons (in glorious … Continue Reading