Tag Archives: “unpaid overtime”

Do Daubert standards apply at the certification stage? Ninth Circuit splits with itself

By Greg Mersol on November 2, 2018 Posted in Class Certification, Wage and Hour

It is fitting that the day after Halloween the Ninth Circuit issued its denial of rehearing en banc in Sali v. Corona Regional Medical Center, Case No. 15-56460, because the issue it raises, like Michael Myers in the Halloween movie series, should have been dead long ago. We’ve blogged the issue of whether Daubert standards … Continue Reading

Eighth Circuit Affirms Jury Verdict Despite Confusion over Whether the Standard is Reasonable Time or Actual Time for Compensable Activities

By Jeffrey Vlasek on September 17, 2012 Posted in Donning and Doffing, FLSA

Unless you’re one of the twelve people in the world who didn’t see The Avengers this summer, you can likely recall the scene where Tony Stark literally “steps out” of his Iron Man suit after landing on his penthouse ledge. Indeed, the fictional billionaire has perfected the doffing of his hardware to a science—the machines … Continue Reading