Talk to us free: 215.884.2491

Author Archives: thinkitfirst

Legal Update: Common Wage Violations in Restaurants

If you or someone you know worked as a server or bartender at a restaurant that enacted one or more of the violations below you may have a claim to recover unpaid wages owed to you! Restaurants can violate the laws when they: • require or allow servers to share tips with managers, Expediters, or […]

Posted in Uncategorized | Comments Off on Legal Update: Common Wage Violations in Restaurants

Litigation Alert: Our Firm Moves For FLSA “Conditional Certification” in Lawsuit Filed on Behalf of Joe’s Kwik Mart Store Managers

Our firm represents 6 salaried “Store Managers” who were employed at Joe’s Kwik Mart stores operated by SMG Group, LLC.  The company classifies the Store Managers as “executives” who are not entitled to overtime.  In the lawsuit, our clients claim that this classification is wrong because, even though the Store Managers have a fancy job […]

Posted in Uncategorized | Comments Off on Litigation Alert: Our Firm Moves For FLSA “Conditional Certification” in Lawsuit Filed on Behalf of Joe’s Kwik Mart Store Managers

Senators Urge President-Elect Trump to Uphold Overtime Ruling

On December 19th, 2016, Senator Bob Casey (D-PA) and 17 other legislators sent a letter to President-elect Donald Trump addressing the temporary block on the Department of Labor’s overtime ruling. The ruling “restores the 40-hour workweek”, ensuring that people making less than $47,476 a year will be paid time-and-a-half for extra hours worked. Unfortunately, on […]

Posted in Uncategorized | Comments Off on Senators Urge President-Elect Trump to Uphold Overtime Ruling

Pete Winebrake Guest Stars on WRNB 100.3 Philly’s Court Radio Show

Pete Winebrake, of Winebrake & Santillo LLC, was a recently featured guest on WRNB 100.3 Philly’s ‘Search Us, Pay Us’ court radio show. He sat down with show-host, Dean Weitzman, to discuss employment law and the complexities of wage and overtime issues. Listeners also called in with legal questions for Dean and Pete. Want to […]

Posted in Uncategorized | Comments Off on Pete Winebrake Guest Stars on WRNB 100.3 Philly’s Court Radio Show

COURT CONDITIONALLY CERTIFIES COLLECTIVE OF SERVERS AT QUAKER STEAK & LUBE RESTAURANT IN YORK, PENNSYLVANIA

On November 9, 2016, Judge John E. Jones, III of the Middle District of Pennsylvania conditionally certified a collective under the Fair Labor Standards Act of servers at the Quaker Steak & Lube restaurant in York, Pennsylvania represented by Winebrake & Santillo.  A copy of the Court’s order is attached here. The lawsuit alleges that […]

Posted in Uncategorized | Comments Off on COURT CONDITIONALLY CERTIFIES COLLECTIVE OF SERVERS AT QUAKER STEAK & LUBE RESTAURANT IN YORK, PENNSYLVANIA

COURT CONDITIONALLY CERTIFIES COLLECTIVE OF SERVERS AT HARVEST SEASONAL GRILL & WINE BAR IN GLEN MILLS, PENNSYLVANIA

On November 9, 2016, Judge Nitza I. Quinones Alejandro of the Eastern District of Pennsylvania conditionally certified a collective under the Fair Labor Standards Act of servers at the Harvest Seasonal Grill & Wine Bar in Glen Mills, Pennsylvania represented by Winebrake & Santillo.  A copy of the Court’s order is attached here. The lawsuit […]

Posted in Uncategorized | Comments Off on COURT CONDITIONALLY CERTIFIES COLLECTIVE OF SERVERS AT HARVEST SEASONAL GRILL & WINE BAR IN GLEN MILLS, PENNSYLVANIA

LEGALITY OF “CLASS WAIVERS” IN EMPLOYMENT ARBITRATION AGREEMENTS REMAINS UNCLEAR

Companies are increasingly requiring workers to sign arbitration agreements that prevent workers from suing the company in court.  Instead, under these agreements, employment disputes must be resolved through private arbitration. Mandatory arbitration agreements frequently are criticized because private arbitration proceedings are not open to the public and do not allow for jury trials.  These criticisms […]

Posted in Uncategorized | Comments Off on LEGALITY OF “CLASS WAIVERS” IN EMPLOYMENT ARBITRATION AGREEMENTS REMAINS UNCLEAR

HIGHER MINIMUM WAGE WINS IN A “LANDSLIDE”

The November 8 election resulted in big wins for low wage workers in Arizona, Colorado, Maine, and Washington.  In all four states, voters approved referenda to increase the minimum wage.  The minimum wage in Arizona, Colorado, and Maine will rise to $12.00 by 2020.  In Washington, it will rise to $13.50. In Arizona, the minimum […]

Posted in Uncategorized | Comments Off on HIGHER MINIMUM WAGE WINS IN A “LANDSLIDE”

Important Information About the Settlement of the Iron Hill Brewery and Restaurant Wage Lawsuit

For important information about the settlement of the Iron Hill Brewery and Restaurant Wage lawsuit please click on this link: http://www.winebrakelaw.com/ironhill-wage-settlement/  

Posted in Uncategorized | Comments Off on Important Information About the Settlement of the Iron Hill Brewery and Restaurant Wage Lawsuit

Iron Hill pays $1.3M to settle suit brought by servers and bartenders represented by Winebrake and Santillo LLC

The Iron Hill Brewery chain is paying $1.3 million to settle a class and collection lawsuit brought by servers and bartenders represented by Winebrake and Santillo LLC, who alleged the restaurant chain improperly diverted tips from servers and bartenders. Based in Delaware, Iron Hill operates a dozen restaurants in the tri-state area. The company has agreed […]

Posted in Uncategorized | Comments Off on Iron Hill pays $1.3M to settle suit brought by servers and bartenders represented by Winebrake and Santillo LLC

Pete Winebrake Comments in The Philadelphia Inquirer “Workplace Battle Over Arbitration” article

The Philadelphia Inquirer recently quoted Pete Winebrake of Winebrake and Santillo LLC  in an article on the workplace battle over arbitration. Disgruntled employees are finding it increasingly difficult to take their workplace disputes to court and instead must arbitrate. Management-side lawyers say arbitration is a “streamlined and less expensive dispute-resolution method” while others  say it is […]

Posted in Uncategorized | Comments Off on Pete Winebrake Comments in The Philadelphia Inquirer “Workplace Battle Over Arbitration” article

Pete Winebrake Quoted in ‘Halliburton to pay $18M in Back Pay for Unpaid Overtime’ Article

StateImpact, a broadcast and online publication which explores state issues, recently quoted Pete Winebrake of Winebrake and Santillo LLC,  in an article on the agreement for oil giant, Halliburton, to pay $18M in back pay for unpaid overtime. Halliburton discovered the unpaid overtime issue during a self-audit and reported it to the government. After investigation […]

Posted in Uncategorized | Comments Off on Pete Winebrake Quoted in ‘Halliburton to pay $18M in Back Pay for Unpaid Overtime’ Article

FOR THE SECOND YEAR IN A ROW WINEBRAKE & SANTILLO HAS RECEIVED A FIRST TIER RANKING ON THE U.S. NEWS AND WORLD REPORTS’ BEST LAW FIRMS LIST

For a second year in a row, Winebrake & Santillo has been recognized by U.S. News-Best Lawyers® “Best Law Firms” with a First Tier ranking on the 2017 Best Law Firms List in Philadelphia.  The firm received these first tier rankings in both “Employment Law – Individuals” and “Litigation-Labor and Employment” A link to the […]

Posted in Uncategorized | Comments Off on FOR THE SECOND YEAR IN A ROW WINEBRAKE & SANTILLO HAS RECEIVED A FIRST TIER RANKING ON THE U.S. NEWS AND WORLD REPORTS’ BEST LAW FIRMS LIST

Philadelphia’s Gratuity Protection Law Provides Additional Protections to Servers, Waiters, Waitresses and Other Tipped Employees

Restaurants are frequently cited for having pay practices that do not abide by state and federal wage and hour law.  On example is requiring waiters and servers to share their tips with “back of the house” employees such as expediters and kitchen staff.  Another is requiring waiters and servers to spend a significant part of […]

Posted in Uncategorized | Comments Off on Philadelphia’s Gratuity Protection Law Provides Additional Protections to Servers, Waiters, Waitresses and Other Tipped Employees

Winebrake & Santillo Honored by Friends of Farmworkers at Annual Banquet

On October 25, 2016, Winebrake & Santillo received the Guardián Award from Friends of Farmworkers, Inc. at its annual banquet.  This award is in recognition of the firm’s work on behalf of low-wage workers in both individual wage actions and class/collective actions. We are very honored to be recognized by such a respected organization in the Philadelphia legal […]

Posted in Uncategorized | Comments Off on Winebrake & Santillo Honored by Friends of Farmworkers at Annual Banquet

Philadelphia Inquirer Publishes Article by Pete Winebrake Discussing New Department of Labor Requlations

The Philadelphia Inquirer published an opinion piece today by Attorney Pete Winebrake discussing the Department of Labor regulations that are scheduled to take effect on December 1, 2016 raising the minimum salary requirement for workers to be treated as “exempt” from receiving overtime premium pay under the federal Fair Labor Standards Act. http://www.philly.com/philly/opinion/commentary/20160921_Commentary__Businesses_fighting_effort_to_make_OT_rules_fairer.html  

Posted in Uncategorized | Comments Off on Philadelphia Inquirer Publishes Article by Pete Winebrake Discussing New Department of Labor Requlations

Winebrake & Santillo Represents Servers at Chill’s Operated by Brinker International

Attention Chili’s Servers: Winebrake & Santillo recently filed a lawsuit on behalf of Servers working at Chili’s restaurants operated by Brinker International, Inc. The lawsuit alleges that the restaurants violated federal and state wage laws by requiring servers to share tips with expediters/expos.   The Penn Record recently issued an article highlighting this lawsuit: http://pennrecord.com/stories/510983712-owner-of-hundreds-of-chili-s-eateries-faces-minimum-wage-class-action-suit If you […]

Posted in Uncategorized | Comments Off on Winebrake & Santillo Represents Servers at Chill’s Operated by Brinker International

WINEBRAKE & SANTILLO REPRESENTS SERVERS AT CHILI’S GRILL & BAR RESTAURANTS IN PENNSYLVANIA

In April, 2016, Winebrake & Santillo filed a class and collective action lawsuit on behalf of servers employed by Quality Dining, Inc. at Chili’s Grill & Bar franchises in Pennsylvania.  The lawsuit is currently in the United States District Court for the Eastern District of Pennsylvania.  A copy of the amended complaint is attached here. The lawsuit […]

Posted in Uncategorized | Comments Off on WINEBRAKE & SANTILLO REPRESENTS SERVERS AT CHILI’S GRILL & BAR RESTAURANTS IN PENNSYLVANIA

Winebrake & Santillo Represents Customer Service Representatives at Call Centers Not Paid for Time Spent Performing Pre-Shift Activities

Customer service representatives at call centers are frequently required by their employers to spend time to boot-up or log onto their computers as well as obtain access to various software programs and databases.  All of these pre-shift activities are work and call centers must pay their customer call service representatives for such work.  It is a violation of […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Winebrake & Santillo Represents Customer Service Representatives at Call Centers Not Paid for Time Spent Performing Pre-Shift Activities

Winebrake & Santillo Settles Lawsuit Against Pennsylvania Red Robin Franchisor for $1.3 Million

United States District Judge James M. Munley from the Middle District of Pennsylvania granted final approval of a class/collection action settlement on March 10, 2016 that Winebrake & Santillo reached with Pennsylvania Red Robin Franchisor Lehigh Valley Restaurant Group, Inc. (“LVRG”).  The $1.3 million settlement provided unpaid wages to Servers employed by LVRG that were required to […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off on Winebrake & Santillo Settles Lawsuit Against Pennsylvania Red Robin Franchisor for $1.3 Million

Winebrake & Santillo Quoted in Article Discussing Supreme Court’s Refusal to Review Pennsylvania Wal-Mart Class Action

Attorney Pete Winebrake was quoted in an article in Law360 discussing the U.S. Supreme Court’s refusal earlier this week to review the $188 million class action judgment against Wal-Mart in favor of Pennsylvania employees who had to work during unpaid breaks. http://www.law360.com/employment/articles/781298?nl_pk=50e4ab8b-0e6f-41fe-8576-c99ce7043da8&utm_source=newsletter&utm_medium=email&utm_campaign=employment

Posted in Uncategorized | Comments Off on Winebrake & Santillo Quoted in Article Discussing Supreme Court’s Refusal to Review Pennsylvania Wal-Mart Class Action

WINEBRAKE & SANTILLO REPRESENTS NATURAL GAS EMPLOYEES OF LINDE CORPORATION IN OVERTIME LAWSUIT

On March 22, 2015, Winebrake & Santillo along with co-counsel Crossover Law, LLC filed a class and collective action lawsuit in the United States District Court for the Middle District of Pennsylvania against Linde Corporation on behalf natural gas employees.  The lawsuit challenges the manner in which Linde Corporation paid employees based on “Extra Compensation […]

Posted in Uncategorized | Comments Off on WINEBRAKE & SANTILLO REPRESENTS NATURAL GAS EMPLOYEES OF LINDE CORPORATION IN OVERTIME LAWSUIT

Supreme Court Update: U.S. Department of Labor’s Supreme Court Brief in Support of the New Home Health Aid Regulations

As we have previously written on this blog, the federal Department of Labor (DOL) recently changed the federal regulations so that almost all home health aids and certified nurses assistants (CNAs) will be covered by the minimum wage and overtime pay regulations of the Fair Labor Standards Act.  Unfortunately, the home health industry filed suit, […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Supreme Court Update: U.S. Department of Labor’s Supreme Court Brief in Support of the New Home Health Aid Regulations

Middle District of Pennsylvania Approves Settlement on Behalf of Class of Meat Packing Workers Represented by Winebrake & Santillo

On February 11, 2016, the federal judge overseeing a lawsuit brought by Winebrake & Santillo and co-counsel McEldrew Young on behalf of a class of meat packing workers near Harrisburg, Pennsylvania entered an order approving a $320,000.00 settlement.  The court’s decision was highlighted in an articles by Law360 and PennLive: http://www.law360.com/employment/articles/758742?nl_pk=50e4ab8b-0e6f-41fe-8576-c99ce7043da8&utm_source=newsletter&utm_medium=email&utm_campaign=employment http://www.pennlive.com/news/2016/02/judge_oks_320k_settlement_of_w.html#incart_river_home

Posted in Uncategorized | Comments Off on Middle District of Pennsylvania Approves Settlement on Behalf of Class of Meat Packing Workers Represented by Winebrake & Santillo

RadioShack Bankruptcy Court Judge Approves $5.5 Million Unsecured Claim for Class of Store Managers Represented by Winebrake & Santillo

On February 10, 2016, the federal bankruptcy judge presiding over the bankruptcy of RadioShack entered an order approving a $5.5 million unsecured claim on behalf of a class of store managers represented by Winebrake & Santillo and co-counsel Nichols Kaster, PLLP of Minneapolis, MN.  The store managers alleged that RadioShack violated Pennsylvania overtime law by […]

Posted in Uncategorized | Comments Off on RadioShack Bankruptcy Court Judge Approves $5.5 Million Unsecured Claim for Class of Store Managers Represented by Winebrake & Santillo

Attorney Pete Winebrake Publishes Article on the Misclassification of Employees as “Independent Contractors”

Corporations have been incorrectly classifying workers as “independent contractors” to maximize profits, and the legal system appears to be turning in favor of workers who challenge these abuses. In a recent publication with the American Association for Justice, Attorney Pete Winebrake sheds important light on corporate abuse of the “independent contractor” business model, and why […]

Posted in Uncategorized | Comments Off on Attorney Pete Winebrake Publishes Article on the Misclassification of Employees as “Independent Contractors”

OVERTIME LAWYER PRACTICE TIP: A FEW CASES HOLDING THAT COMPANIES WAIVE THE ATTORNEY-CLIENT PRIVILEGE WHEN THEY BASE THEIR FLSA WILLFULNESS/GOOD FAITH DEFENSE ON ADVICE OF COUNSEL

The FLSA permits several defenses necessitating an inquiry into the employer’s “state of mind” in implementing or correcting the challenged pay practice.  See, e.g., 29 U.S.C. § 255(a) (limitations period extends back three – rather than two – years if FLSA violation is “willful”); 29 U.S.C. § 260 (liquidated damages avoided if employer’s conduct “was in […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on OVERTIME LAWYER PRACTICE TIP: A FEW CASES HOLDING THAT COMPANIES WAIVE THE ATTORNEY-CLIENT PRIVILEGE WHEN THEY BASE THEIR FLSA WILLFULNESS/GOOD FAITH DEFENSE ON ADVICE OF COUNSEL

Our Firm’s Recent Brief Addressing Workers’ Right to Compensation for Travel Away From the Home Under the Pennsylvania Minimum Wage Act (PMWA)

Here is the text of a brief we recently filed in a class action lawsuit in which our client alleges that, under the Pennsylvania Minimum Wage Act (PMWA), he and other railroad workers should be compensated for the time they spend traveling away from home.  As explained in the brief, while ordinary commuting time generally […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Our Firm’s Recent Brief Addressing Workers’ Right to Compensation for Travel Away From the Home Under the Pennsylvania Minimum Wage Act (PMWA)

Winebrake & Santillo Represents Employees of ECM Energy Services, Inc. Paid a Day Rate

On October 16, 2015, Winebrake & Santillo filed a class and collective action lawsuit in the United States District Court for the Middle District of Pennsylvania on behalf of all Traffic Control/Manifold Attendants (“TCMAs”) employed by ECM Energy Services who were paid a day rate for their work.  A copy of the complaint is attached […]

Posted in Uncategorized | Comments Off on Winebrake & Santillo Represents Employees of ECM Energy Services, Inc. Paid a Day Rate

Court Preliminarily Approves $1.3 Million Settlement for Restaurant Servers Represented by Winebrake & Santillo

On December 2, 2015, the Honorable James M. Munley of the Middle District of Pennsylvania preliminarily approved a $1.3 million class action settlement on behalf of servers represented by Winebrake & Santillo who worked at Red Robin franchise restaurant locations operated by Lehigh Valley Restaurant Group. This settlement covers approximately 2,000 servers and challenged the […]

Posted in Uncategorized | Comments Off on Court Preliminarily Approves $1.3 Million Settlement for Restaurant Servers Represented by Winebrake & Santillo

THIRD CIRCUIT ADOPTS “PREDOMINANT BENEFIT TEST” FOR DETERMINING WHETHER TIME SPENT DURING MEAL BREAK IS COMPENSABLE UNDER FLSA

On November 24, the Third Circuit issued its decision in a Fair Labor Standards Act cases entitled Babcock v. Butler County, __ F.3d __, 2015 U.S. App. LEXIS 20393 (3d Cir. Nov. 24, 2015).  In this case, the plaintiffs were correctional officer who sought to be paid for time purportedly spent working during the meal […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on THIRD CIRCUIT ADOPTS “PREDOMINANT BENEFIT TEST” FOR DETERMINING WHETHER TIME SPENT DURING MEAL BREAK IS COMPENSABLE UNDER FLSA

Second Circuit Holds that Settled FLSA Wage And Overtime Lawsuits Cannot Be Dismissed As Settled Without Court Approval

In Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. Nov. 14, 2015) the New York-based Second Circuit Court of Appeals held that pending FLSA lawsuits cannot be dismissed as settled without court approval: Dorian Cheeks appeals . . . from the refusal of the United States District Court for the Eastern District of New […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Second Circuit Holds that Settled FLSA Wage And Overtime Lawsuits Cannot Be Dismissed As Settled Without Court Approval

WINEBRAKE & SANTILLO HAS RECEIVED A FIRST TIER RANKING ON THE 2016 BEST LAW FIRMS LIST

Earlier this month, Winebrake & Santillo was recognized by U.S. News and World Reports with a First Tier ranking on the 2016 Best Law Firms List in Philadelphia for Litigation-Labor and Employment by U.S. News-Best Lawyers® “Best Law Firms”.  A link to the U.S. News and World Reports website is below: http://bestlawfirms.usnews.com/profile/winebrake-santillo-llc/rankings/64731 The rankings recognize firms […]

Posted in Uncategorized | Comments Off on WINEBRAKE & SANTILLO HAS RECEIVED A FIRST TIER RANKING ON THE 2016 BEST LAW FIRMS LIST

Fair Credit Reporting Act Case Highlighted by Law360

A recent class action filed by Winebrake & Santillo and co-counsel Nichols Kaster, PLLP of Minneapolis, Minnesota against Big Lots Stores, Inc. was highlighted in a recent Law360 article.  The class action lawsuit was filed in the Philadelphia Court of Common Pleas in Pennsylvania and alleges that the company violated the Fair Credit Reporting Act […]

Posted in Uncategorized | Comments Off on Fair Credit Reporting Act Case Highlighted by Law360

Pennsylvania Employment Attorney Briefing: Some Text Addressing the Reach of the Pennsylvania Wage Payment and Collection Law (“PWPCL”)

Our employment rights law firm recently filed a brief in the United States District Court for the Eastern District of Pennsylvania addressing several ‘coverage” issues arising under the Pennsylvania Wage Payment and Collection Law (“PWPCL”).  The brief has been filed in a class action lawsuit brought on behalf of Pennsylvania delivery drivers/installation technicians (“delivery workers”) who allege that […]

Posted in Uncategorized | Comments Off on Pennsylvania Employment Attorney Briefing: Some Text Addressing the Reach of the Pennsylvania Wage Payment and Collection Law (“PWPCL”)

Law360 Highlights Recent Decision in Favor of New Jersey Landscaping Worker Represented by Winebrake & Santillo

A recent decision by the United States District Court for the District of New Jersey in a case brought on behalf of landscape worker represented by Winebrake & Santillo was highlighted in a Law360 article.  The landscape company moved for summary judgment asking the Court to dismiss the case.  In denying the motion, the Court […]

Posted in Uncategorized | Comments Off on Law360 Highlights Recent Decision in Favor of New Jersey Landscaping Worker Represented by Winebrake & Santillo

WINEBRAKE & SANTILLO REACHES THE CENTURY MARK FOR WAGE AND HOUR CLASS/COLLECTIVE ACTION RECOVERIES ON BEHALF OF OUR CLIENTS

On October 15, 2015, the Eastern District of Pennsylvania approved a class action settlement on behalf of workers who were not paid full overtime premium pay and represented by Winebrake & Santillo, LLC. This approval order represents the 100th time that Winebrake & Santillo has obtained a recovery of unpaid wages on a class and/or […]

Posted in Uncategorized | Comments Off on WINEBRAKE & SANTILLO REACHES THE CENTURY MARK FOR WAGE AND HOUR CLASS/COLLECTIVE ACTION RECOVERIES ON BEHALF OF OUR CLIENTS

Our Firm’s Overtime Victory for Landscape Employees Who Were Not Paid For All Work Hours

After a three-day federal court trial, our firm recovered approximately $18,500 for three employees of a Philadelphia landscaping company.  In  addition to this payment, the landscaping company was required to reimburse our firm for its attorney’s fees and expenses. In this trial, our three clients proved that the company failed to pay them for work performed at […]

Posted in Uncategorized | Tagged | Comments Off on Our Firm’s Overtime Victory for Landscape Employees Who Were Not Paid For All Work Hours

Winebrake & Santillo Quoted in News Article Addressing Overtime Violations in the Oil and Gas Industry

State Impact, a reporting project of National Public Radio stations, just published a good article summarizing the Halliburton’s recent $18 million settlement of a Department of Labor investigation addressing the companies policy of classifying over 1,000 oil and gas rig workers as exempt from the requirement that workers receive time and one-half overtime pay.  The […]

Posted in Uncategorized | Comments Off on Winebrake & Santillo Quoted in News Article Addressing Overtime Violations in the Oil and Gas Industry

DAY-RATE FIELD WORKERS IN THE OIL/GAS/NATURAL GAS/FRACKING INDUSTRY ARE OFTEN ENTITLED TO OVERTIME COMPENSATION UNDER FEDERAL AND STATE LAW

Our firm has substantial experience representing oil, gas, and fracking field workers in overtime rights litigation arising in the Marcellus Shale region of Pennsylvania as well as other states such as Colorado, North Dakota, West Virginia, Ohio, New York, and Texas.  These workers are often provided with numerous job titles such as Truck Pushers, Truck […]

Posted in Uncategorized | Comments Off on DAY-RATE FIELD WORKERS IN THE OIL/GAS/NATURAL GAS/FRACKING INDUSTRY ARE OFTEN ENTITLED TO OVERTIME COMPENSATION UNDER FEDERAL AND STATE LAW

Hillary Clinton Mentions Independent Contractor Misclassification

While giving a speech on the US economy early this month, Presidential Candidate Hillary Clinton vowed to “crack down on bosses who exploit employees by misclassifying them as contractors”. Over the years, Winebrake & Santillo has written many blog posts on the common misclassification of employees as independent contractors.  Recently, it has come to more […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on Hillary Clinton Mentions Independent Contractor Misclassification

Birmingham, AL Raises Its Minimum Wage

Earlier this week, the city of Birmingham, AL became the first city in the Deep South to enact a local minimum wage.  The Birmingham minimum wage is now on track to increase from the federal minimum wage ($7.25 an hour) to $8.50 an hour in July 2016 and to $10.10 an hour in July 2017. […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , | Comments Off on Birmingham, AL Raises Its Minimum Wage

Opt-ins Can Join Case Prior to Conditional Certification

Below is part of a recent brief we filed in opposition to an employer’s motion to strike consent forms for opt-in plaintiffs that were filed prior to conditional certification:   Defendant has filed a “Motion to Strike Consents and to Bar the Filing of Additional Consents” (“Motion to Strike”) in which it argues that certain […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , | Comments Off on Opt-ins Can Join Case Prior to Conditional Certification

READ MORE ABOUT THE PROPOSED CHANGES TO THE OVERTIME SALARY THRESHOLD

Economic Policy Institute, an organization which we proudly support, recently wrote a very informative article about the possible effects of the proposed overtime salary threshold raise. Last month, the Department of Labor proposed to raise the threshold for salaried exemption from $23,660 per year to $50,440 per year.  The raised threshold would help approximately 13.5 […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on READ MORE ABOUT THE PROPOSED CHANGES TO THE OVERTIME SALARY THRESHOLD

NEW CASE AGAINST FED EX

We have recently filed a new case against FedEx with our colleagues at Lichten & Liss-Riordan, P.C., and Barkan, Meizlish, Handelman, Goodin, DeRose & Wentz, LLP.  Check out the website for the lawsuit here. As stated on the lawsuit’s website, in the past two years, courts around the country have ruled that FedEx has classified […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on NEW CASE AGAINST FED EX

DEPARTMENT OF LABOR PROPOSES TO UPDATE OVERTIME PAY REGULATIONS

Earlier this month, the Department of Labor proposed to update the country’s overtime pay regulations. The new proposal will expand overtime pay to 5 million salaried white-collar workers. Previously, overtime pay only applied to salaried workers who made $455 a week or less (approximately 23,660 a year), an unreasonably low salary to act as the […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on DEPARTMENT OF LABOR PROPOSES TO UPDATE OVERTIME PAY REGULATIONS

COLORADO WORKERS SUE CHIPOTLE FOR UNPAID WAGES AS PART OF NATIONAL TREND

Colorado workers are the latest group of workers to sue Chipotle for unpaid wages.  This case is an example of an FLSA overtime rights case – one that specifically deals with “excutive exemption”.  Several cases such as this one have arisen against Chipotle in recent years.  For example, $2 million settlement was recently reached between […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on COLORADO WORKERS SUE CHIPOTLE FOR UNPAID WAGES AS PART OF NATIONAL TREND

SECOND CIRCUIT HOLDS THAT CONTRACT ATTORNEYS PERFORMING DOCUMENT REVIEW CAN ASSERT UNPAID OVERTIME CLAIMS

On July 23, 2015, the Second Circuit Court of Appeals held that licensed contract attorneys performing document review can assert claims for unpaid overtime wages under the Fair Labor Standards Act.  The case is titled Lola v. Skadden, Arps, Slate, Meagher & Flom and a copy of the opinion is here. Contract attorneys reviewing documents […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on SECOND CIRCUIT HOLDS THAT CONTRACT ATTORNEYS PERFORMING DOCUMENT REVIEW CAN ASSERT UNPAID OVERTIME CLAIMS

HERE ARE SOME FEDERAL COURT CASES HOLDING THAT ALLEGATIONS OF “WILLFULNESS” UNDER THE FLSA NEED NOT BE PLED WITH SPECIFICITY

Here is the text from a very brief memorandum I just filed arguing that the federal court should reject a company’s argument that our client is required to plead “willfulness” with specificity in an FLSA overtime rights lawsuit pending in Easton, PA.  As indicated, we argue that conclusory allegations of “wilfullness” are sufficient at the […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , | Comments Off on HERE ARE SOME FEDERAL COURT CASES HOLDING THAT ALLEGATIONS OF “WILLFULNESS” UNDER THE FLSA NEED NOT BE PLED WITH SPECIFICITY

JUDGES INCREASE SCRUTINY OF THE “INDEPENDENT CONTRACTOR” BUSINESS MODEL

Over the years, this Newsletter has spilled considerable ink discussing corporate abuse of the “independent contractor” business model. Unfortunately, too many workers are misclassified as independent contractors – rather than employees – even though their day-to-day work conditions are indistinguishable from the conditions encountered by full-fledged employees. Indeed, we often find independent contractors and employees […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , | Comments Off on JUDGES INCREASE SCRUTINY OF THE “INDEPENDENT CONTRACTOR” BUSINESS MODEL

NEW YORK FEDERAL JUDGE NIXES FLSA SETTLEMENT

On July 6, 2015, Southern District of New York Judge Analisa Torres issued a very concise opinion rejecting an FLSA settlement because (i) the settlement agreement contained a sweeping confidentiality agreement and required the plaintiff to pay liquidated damages in the event of a breach and (ii) contained release language that extended well beyond wage and […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on NEW YORK FEDERAL JUDGE NIXES FLSA SETTLEMENT

Peter Winebrake Quoted in Article on the U.S. Department of Labor’s Proposed Regulations that Would Expand Federal Overtime Pay Protections

Attorney Pete Winebrake was quoted in an article in today’s Philadelphia Inquirer about the proposed regulations released by the U.S. Department of Labor yesterday that would expand the overtime protections to millions of Americans who are paid on a salary basis and currently considered “overtime exempt.” Under these proposed regulatory changes, employees who earn below […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Peter Winebrake Quoted in Article on the U.S. Department of Labor’s Proposed Regulations that Would Expand Federal Overtime Pay Protections

PETE WINEBRAKE QUOTED IN REPORT ON WAGE THEFT IN PENNSYLVANIA

On June 24, 2015 the Social Justice Lawyering Clinic at the Stephen and Sandra Sheller Center for Social Justice at Temple University Beasley School of Law released a report titled “Shortchanged: How Wage Theft Harms Pennsylvania’s Workers and Economy.” The report’s central finding was that wage theft in Pennsylvania harms hundreds of thousands of workers […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on PETE WINEBRAKE QUOTED IN REPORT ON WAGE THEFT IN PENNSYLVANIA

Winebrake & Santillo Negotiates $3 Million Settlement on Behalf of Visiting Nurses

Last week, a federal judge in Nashville, Tennessee granted preliminary approval of a $3 million dollar settlement in the overtime rights class/collective action styled Carroll v. Guardian Home Care Holdings, Inc., 3:14-cv-01722.  Our firm and the Nashville firm of Barrett Johnston Martin & Garrison LLC represent a class of visiting nurses who allege that they did […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Winebrake & Santillo Negotiates $3 Million Settlement on Behalf of Visiting Nurses

New York Federal Judge Refuses to Permit Confidential Filing of FLSA Wage and Overtime Settlement Involving Restaurant Employees

On May 6, 2015, Southern District of New York Judge Analisa Torres issued a short but excellent decision holding that parties seeking court approval of an FLSA settlement may not file the settlement agreement under seal.  The Judge explained “that the public’s interest in ensuring that workers receive ‘a fai day’s pay for a fair day’s […]

Posted in Uncategorized | Tagged , | Comments Off on New York Federal Judge Refuses to Permit Confidential Filing of FLSA Wage and Overtime Settlement Involving Restaurant Employees

New Jersey Federal Court Holds that New Jersey Wage and Hour Law Provides a Private Right of Action for Overtime Claims

In an important case of first impression, Judge Kevin McNulty recently issued a thoughtful opinion explaining that the New Jersey Wage and Hour Law (“NJWHL”) allows New Jersey employees to bring private lawsuits seeking unpaid overtime pay.  The case is entitled Thompson v. Real Estate Mortgage Network, Inc., 2:11-cv-01494 (D.N.J.).  In the May 22, 2015 […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on New Jersey Federal Court Holds that New Jersey Wage and Hour Law Provides a Private Right of Action for Overtime Claims

The Pennsylvania Record’s Report on Overtime Rights Lawsuit Against Flint Energy

Here is the link to an article recently appearing in The Pennsylvania Record concerning an overtime rights lawsuit against Flint Energy:  Worker Claims Flint Energy Owes Him Overtime Pay. Our firm has had substantial success representing oil, gas, and fracking employees in overtime rights litigation arising in the Marcellus Shale region of Pennsylvania as well […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on The Pennsylvania Record’s Report on Overtime Rights Lawsuit Against Flint Energy

Reported FLSA Circuit Court Opinions Decided Between January 1, 2014 and March 14, 2015

For purposes of the recent NELA wage and hour seminar, I prepared some commentary regarding all reported decisions issued by the Nation’s Circuit Courts between January 1, 2014 and March 14, 2015.  The summary, which is reproduced below, is limited to precedential opinions that (i) arise under the FLSA and (ii) have been or will […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Reported FLSA Circuit Court Opinions Decided Between January 1, 2014 and March 14, 2015

REPORTED FLSA CIRCUIT COURT DECISIONS ISSUED SINCE MARCH 14, 2015

Beauford v. ActionLink, LLC, 781 F.3d 396 (8th Cir. March 20, 2015) “Brand Advocates” for electronics company not covered by outside sales or administrative exemptions.  Also, plaintiffs do not waive their right to bring FLSA action by cashing backpay checks and signing waivers that were not directly supervised by DOL. Navarro v. Pinkins, 780 F.3d […]

Posted in Uncategorized | Tagged , , , , | Comments Off on REPORTED FLSA CIRCUIT COURT DECISIONS ISSUED SINCE MARCH 14, 2015

Winebrake & Santillo Obtains Ruling in Favor of Servers Alleging that their Employer Made Improper Deductions From Tip Pool

On April 24, 2015, Lackawanna County County Court of Common Pleas Judge Terrence R. Nealon overruled preliminary objections from Defendant Lehigh Valley Restaurant Group Inc., which owns and operates 20 Red Robin restaurants in central and eastern Pennsylvania, to a proposed class action brought on behalf of Servers represented by Winebrake & Santillo.  A copy […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Winebrake & Santillo Obtains Ruling in Favor of Servers Alleging that their Employer Made Improper Deductions From Tip Pool

Our Firm Obtains Overtime Rights Judgment on Behalf of Eight Security Guards Working for Bethlehem, PA (Northampton County) Security Company

Many private security guards are not paid for all of their work hours.  That’s why Winebrake & Santillo is very happy to report that we obtained a judgment on behalf of eight security guards who alleged that their employer, a private security company based in Bethlehem, Pennsylvania, failed to pay them for all of their […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Our Firm Obtains Overtime Rights Judgment on Behalf of Eight Security Guards Working for Bethlehem, PA (Northampton County) Security Company

THIRD CIRCUIT COURT OF APPEALS HOLDS DRIVERS ENTITLED TO OVERTIME PAY

On March 11, 2015, the Third Circuit Court of Appeals issued an important decision in a case titled McMaster v. Eastern Armored Services, Inc. brought by Winebrake & Santillo on behalf of armored care drivers and guards. The company paid the Driver/Guards their regular hourly rate (or “straight-time”) for all hours worked and did not […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on THIRD CIRCUIT COURT OF APPEALS HOLDS DRIVERS ENTITLED TO OVERTIME PAY

Chipotle Workers Seek Unpaid Wages

A group of current and former employees of the Chipotle Mexican Grill restaurant chain appear to be making good progress in a lawsuit seeking to recover unpaid wages for off-the-clock work.  The lawsuit is pending in the federal court in Colorado.  It is a “collective action” brought on behalf of all current and former Chipotle […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Chipotle Workers Seek Unpaid Wages

WINEBRAKE & SANTILLO’S NORTHEASTERN PENNSYLVANIA OVERTIME LAWYERS OBTAIN FAVORABLE COURT RULING IN OVERTIME RIGHTS LAWSUIT AGAINST AIR DRILLING ASSOCIATES ON BEHALF OF GAS AND OIL EMPLOYEES

Our Northeastern Pennsylvania employment rights lawyers recently obtained an important victory in a collective action lawsuit entitled Neal v. Air Drilling Associates, Inc., 3:14-cv-01104-JMM.   The lawsuit is proceeding in the United States District Court for the Middle District of Pennsylvania in Scranton, PA and is assigned to United States District Judge James M. Munley. The […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on WINEBRAKE & SANTILLO’S NORTHEASTERN PENNSYLVANIA OVERTIME LAWYERS OBTAIN FAVORABLE COURT RULING IN OVERTIME RIGHTS LAWSUIT AGAINST AIR DRILLING ASSOCIATES ON BEHALF OF GAS AND OIL EMPLOYEES

New York Wage and Employment Lawyer Update: Great New SDNY Decision Addressing FLSA “Good Faith” and Attorney-Client Privilege

I just read a terrific decision by SDNY Magistrate Judge Sarah Netburn in an overtime rights lawsuit entitled Scott v. Chipotle Mexican Grill, Inc., 1:12-cv-08333-ALC-SN.  The decision was issued on December 18 and can be fond at the following link:  http://scholar.google.com/scholar_case?case=9682648012469993490&q=scott+v.+chipotle&hl=en&as_sdt=6,33&as_vis=1. In the decision, the judge provides a great general explanation of 29 U.S.C. 259’s “good faith” […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on New York Wage and Employment Lawyer Update: Great New SDNY Decision Addressing FLSA “Good Faith” and Attorney-Client Privilege

Our Firm Vindicates the Overtime Rights of Philadelphia Charter School Employees

Charter schools continue to be among the biggest violators of our nation’s wage an overtime laws.  Many charter schools in Pennsylvania and elsewhere fail to pay time and one-half overtime compensation to their dedicated employees.  We stand up for the rights of these employees.  In this regard, we are proud to announce that we obtained […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Our Firm Vindicates the Overtime Rights of Philadelphia Charter School Employees

DID YOU KNOW: PENNSYLVANIA HOME HEALTH AIDS AND CERTIFIED NURSING ASSISTANTS (CNAs) ARE ENTITLED TO EXTRA PAY FOR THEIR OVERTIME HOURS AND FOR PAY FOR THEIR TRAVEL TIME

Under Pennsylvania law, Home Health Aids and Certified Nursing Assistants (CNAs) are entitled to extra pay for hours worked over 40 per week.  This extra “overtime” pay must equal “one and one-half” the regular pay rate.  For example, if a Home Health Aid or CNA is paid $10/hour, she should receive $15/hour for all of […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on DID YOU KNOW: PENNSYLVANIA HOME HEALTH AIDS AND CERTIFIED NURSING ASSISTANTS (CNAs) ARE ENTITLED TO EXTRA PAY FOR THEIR OVERTIME HOURS AND FOR PAY FOR THEIR TRAVEL TIME

PENNSYLVANIA SUPREME COURT AFFIRMS JURY VERDICT IN FAVOR OF PENNSYLVANIA WAL-MART EMPLOYEES ASSERTING UNPAID WAGE CLAIMS FOR MISSED BREAKS AND WORKING OFF-THE-CLOCK

Yesterday, the Pennsylvania Supreme Court issued an important decision concerning Pennsylvania employees’ ability to assert wage and hour claims under state law.  In Braun et al., v. Wal-Mart Stores, Inc., the Pennsylvania Supreme Court affirmed the verdict of a Philadelphia county jury in favor of Pennsylvania Wal-Mart employees who were asserting claims for missed meal […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , | Comments Off on PENNSYLVANIA SUPREME COURT AFFIRMS JURY VERDICT IN FAVOR OF PENNSYLVANIA WAL-MART EMPLOYEES ASSERTING UNPAID WAGE CLAIMS FOR MISSED BREAKS AND WORKING OFF-THE-CLOCK

LAWSUIT ON BEHALF OF AMAZON FULFILLMENT CENTER EMPLOYEES IN PENNSYLVANIA CONTINUES DESPITE YESTERDAY’S RULING BY THE U.S. SUPREME COURT

On December 9, 2014, the U.S. Supreme Court ruled that workers at Amazon Fulfillment Centers were not entitled to compensation under the federal Fair Labor Standards Act for time spent waiting to undergo and undergoing security screenings.  See Integrity Staffing Solutions, Inc. v. Busk, 574 U.S. __ (2014).  A copy of the Supreme Court’s Busk […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , | Comments Off on LAWSUIT ON BEHALF OF AMAZON FULFILLMENT CENTER EMPLOYEES IN PENNSYLVANIA CONTINUES DESPITE YESTERDAY’S RULING BY THE U.S. SUPREME COURT

WINEBRAKE & SANTILLO FILES BRIEF WITH THE THIRD CIRCUIT ON BEHALF OF TRANSIT DRIVERS FOR KRAPF’S COACHES, INC.

On December 5, 2014, Winebrake & Santillo filed a brief with the Court of Appeals for the Third Circuit which seeks to reverse a district court’s grant of summary judgment against Transit drivers of Krapf’s Coaches, Inc. who allege that they were misclassified as overtime-exempt under the Motor Carrier Act Exemption to the overtime premium pay requirements […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on WINEBRAKE & SANTILLO FILES BRIEF WITH THE THIRD CIRCUIT ON BEHALF OF TRANSIT DRIVERS FOR KRAPF’S COACHES, INC.

Our Firm’s Northeastern Pennsylvania Overtime Lawyers Obtain Favorable Court Ruling In Overtime Rights Lawsuit Against Wyndham Vacation Resorts

Our Northeasern Pennsylvania employment rights lawyers recently obtained an important victory in a collective/class action lawsuit entitled Chung v. Wyndham Vacation Resorts, Inc., 3:14-cv-00490-RDM.   The lawsuit is proceeding in the United States District Court in Scranton, PA and is assigned to United States District Judge Robert D. Mariani.  As a result of the court’s ruling, […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on Our Firm’s Northeastern Pennsylvania Overtime Lawyers Obtain Favorable Court Ruling In Overtime Rights Lawsuit Against Wyndham Vacation Resorts

Our Firm’s Philadelphia Employment Lawyers Recently Prepared and Submitted an Amicus Brief in Support of Dunkin Donuts Managers Who Were Denied Extra Overtime Pay

Our firm recently prepared and filed with the First Circuit Court of Appeals a “friend of the court” brief (commonly known as an amicus in the appeal entitled Marzuq, et al. v. Cadete Enterprises, Inc., No. 14-1744.  The brief is filed on behalf of the following  organizations:  the National Employment Law Project, the National Employment Lawyers […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Our Firm’s Philadelphia Employment Lawyers Recently Prepared and Submitted an Amicus Brief in Support of Dunkin Donuts Managers Who Were Denied Extra Overtime Pay

Allegheny County Court of Common Pleas Finds “Half-Time” Pay for Overtime Impermissible under Pennsylvania Law

Our firm continues to have success representing Pennsylvania retail workers who receive half-time pay (instead of full time-and-one-half pay) for their overtime work. This overtime pay method most commonly applies to salaried employees who hold “manager” and “assistant manager” positions. This method of calculating overtime is referred to as “half-time pay” or “fluctuating workweek pay.” […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Allegheny County Court of Common Pleas Finds “Half-Time” Pay for Overtime Impermissible under Pennsylvania Law

Environmental Inspectors, Utility Inspectors, and Environmental Technicians Generally are Entitled to Overtime Pay Under the Labor and Employment Laws

We recently have been taking calls from individuals who work in the fracking industry as environmental inspectors, and environmental technicians.  Many of these employees are paid on a day-rate or per diem basis.  These employees work long hours without getting any extra overtime pay.  This can be illegal.  Employees paid on a day-rate, per-dies, or […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Environmental Inspectors, Utility Inspectors, and Environmental Technicians Generally are Entitled to Overtime Pay Under the Labor and Employment Laws

MICHIGAN DISTRICT COURT DEALS ANOTHER BLOW TO THE FLUCTUATING WORKWEEK METHOD.

Last week,  Judge Gershwin Drain of the Eastern District of Michigan issued a decision entitled Bacon v. Eaton Aeroquip, LLC, 2014 U.S. Dist. LEXIS 143721 (E.D. Mich. Oct. 9, 2014).  Therein, the Judge held that a company’s payment of shift premium payments precluded it from using the “fluctuating workweek method” to calculate the overtime premium […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on MICHIGAN DISTRICT COURT DEALS ANOTHER BLOW TO THE FLUCTUATING WORKWEEK METHOD.

GEORGE BARRETT: CHAMPION OF JUSTICE.

George Barrett recently passed away in Nashville, TN.  He was 86.  For over 50 years, George represented “the little guy” in civil rights and worker’s rights cases.  He was a mentor and hero to many younger lawyers, especially our friends at the Nashville firm of Barrett Johnston Martin & Garrison.  These lawyers surely will carry […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on GEORGE BARRETT: CHAMPION OF JUSTICE.

THE PRESIDENT FINALLY TAKES STEPS TO UPDATE THE FLSA’S “WHITE COLLAR” EXEMPTION REGULATIONS.

The federal Fair Labor Standards Act (“FLSA”) generally requires that employees receive overtime premium pay calculated at 150% of their regular pay rate.  However, the FLSA exempts from this requirement employees who perform “executive,” “administrative,” or “professional” work.  These exemptions are known as the “white collar” exemptions. The New Deal Congress that enacted the FLSA […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on THE PRESIDENT FINALLY TAKES STEPS TO UPDATE THE FLSA’S “WHITE COLLAR” EXEMPTION REGULATIONS.

WINEBRAKE & SANTILLO OBTAINS IMPORTANT VICTORY ON BEHALF PENNSYLVANIA RETAIL WORKERS WHO ARE PAID “HALF-TIME” FOR OVERTIME WORK.

On July 10, 2014, the United States District Court for the Eastern District of Pennsylvania issued an important decision in Verderame v. RadioShack Corporation, 2:13-cv-2539-MSG, a case brought by our firm and our friends at the Minneapolis, MN firm of Nichols Kaster PLLP. The store managers in Verderame were paid overtime under the federal “fluctuating […]

Posted in Uncategorized | Tagged , , , | Comments Off on WINEBRAKE & SANTILLO OBTAINS IMPORTANT VICTORY ON BEHALF PENNSYLVANIA RETAIL WORKERS WHO ARE PAID “HALF-TIME” FOR OVERTIME WORK.

CONGRESSIONAL INACTION DOES NOT PREVENT STATE AND LOCAL GOVERNMENTS FROM INCREASING THE MINIMUM WAGE.

Congress does not seem too motivated to pass a minimum wage increase anytime soon.  This inaction defies public opinion.  According to a recent Gallup Poll, over 76% of Americans favor increasing the federal minimum wage from $7.25/hour to $9.00/hour. But all is not lost.  When it comes to the minimum wage, the federal Fair Labor […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on CONGRESSIONAL INACTION DOES NOT PREVENT STATE AND LOCAL GOVERNMENTS FROM INCREASING THE MINIMUM WAGE.

PENNSYLVANIA LABOR AND WAGE LAWYER UPDATE: FEDERAL JUDGE HOLDS THAT LATE PAYCHECKS CAN VIOLATE FEDERAL AND PENNSTLVANIA WAGE LAWS

In July 2014, a federal judge in Philadelphia issued an opinion holding that employees can bring suit under the federal Fair Labor Standards Act and the Pennsylvania Wage Payment and Collection Law when their employers fail to pay them for all of their work hours in a timely manner.  In this case, home health aids […]

Posted in Uncategorized | Tagged , , , , | Comments Off on PENNSYLVANIA LABOR AND WAGE LAWYER UPDATE: FEDERAL JUDGE HOLDS THAT LATE PAYCHECKS CAN VIOLATE FEDERAL AND PENNSTLVANIA WAGE LAWS

ANOTHER COURT HOLDS THAT A RESTAURANT’S IMPROPER TIP-POOLING ARRANGEMENT WHICH DISTRIBUTED TIPS TO BACK OF THE HOUSE EMPLOYEES VIOLATES THE FLSA

The District Court for the District of Maryland recently granted summary judgment on behalf of a plaintiff seeking to recover unpaid wages under the Fair Labor Standards Act (“FLSA”).  See Mould v. NJG Food Serv., 2014 U.S. Dist. LEXIS 111510 (D. Md. Aug. 12, 2014).  In that case, the plaintiff was employed at a restaurant named […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on ANOTHER COURT HOLDS THAT A RESTAURANT’S IMPROPER TIP-POOLING ARRANGEMENT WHICH DISTRIBUTED TIPS TO BACK OF THE HOUSE EMPLOYEES VIOLATES THE FLSA

MIDDLE DISTRICT OF PENNSYLVANIA CONDITIONALLY CERTIFIES COLLECTIVE OF SALES EMPLOYEES AT PENNSYLVANIA WYNDHAM VACATION RESORTS FACILITY

On September 9, 2014, the Middle District of Pennsylvania conditionally certified, pursuant to Section 16(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), on behalf of the following collective:  All sales employees (including, inter alia, Sales Representatives) employed at the Wyndham Vacation Resorts Shawnee Village Facility in Pennsylvania during any workweek within the past […]

Posted in Uncategorized | Tagged , , , , | Comments Off on MIDDLE DISTRICT OF PENNSYLVANIA CONDITIONALLY CERTIFIES COLLECTIVE OF SALES EMPLOYEES AT PENNSYLVANIA WYNDHAM VACATION RESORTS FACILITY

WINEBRAKE & SANTILLO FILES BRIEF WITH THE THIRD CIRCUIT ON BEHALF OF FAMILY DOLLAR STORE MANAGER

On August 26, 2014, Winebrake & Santillo filed a brief with the Court of Appeals for the Third Circuit which seeks to reverse a district court’s grant of summary judgment against a Family Dollar Store Manager who alleges that he was misclassified as overtime-exempt under the executive exemption to the overtime premium pay requirements of the Pennsylvania […]

Posted in Uncategorized | Tagged , , , , | Comments Off on WINEBRAKE & SANTILLO FILES BRIEF WITH THE THIRD CIRCUIT ON BEHALF OF FAMILY DOLLAR STORE MANAGER

WE CONTINUE TO INVESTIGATE RETAILERS WHO PAY EMPLOYEES “HALF-TIME” FOR HOURS WORKED OVER 40 IN A WEEK

Our firm continues to have success representing Pennsylvania retail workers who receive half-time pay (instead of full time-and-one-half pay) for their overtime work.  This overtime pay method most commonly applies to salaried employees who hold “manager,” “assistant manager,” and “c0-manager” positions.  This method of calculating overtime is referred to as “half-time pay” or “fluctuating workweek […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on WE CONTINUE TO INVESTIGATE RETAILERS WHO PAY EMPLOYEES “HALF-TIME” FOR HOURS WORKED OVER 40 IN A WEEK

TIPS FOR OVERTIME LAWYERS: FLSA TOLLING ARGUMENTS ARE GETTING TRACTION IN FEDERAL COURT

We’ve been noticing that more and more federal judges presiding over FLSA collective actions have been tolling the running of the statute of limitations where the defendants’ litigation tactics delay the court’s resolution of the plaintiff’s conditional certification motion.  Here is a string cite we recently put together listing some of the better cases:  In […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , | Comments Off on TIPS FOR OVERTIME LAWYERS: FLSA TOLLING ARGUMENTS ARE GETTING TRACTION IN FEDERAL COURT

WINEBRAKE & SANTILLO FILES THIRD CIRCUIT BRIEF ON BEHALF OF NEW JERSEY DELIVERY DRIVERS

Winebrake & Santillo recently filed a brief with the Third Circuit Court of Appeals arguing that it should affirm the summary judgment decision on behalf of delivery drivers for Eastern Armored Services, Inc in New Jersey.   The district court ruled that named plaintiff Ashley McMaster was not exempt under the Motor Carrier Act Exemption to the […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on WINEBRAKE & SANTILLO FILES THIRD CIRCUIT BRIEF ON BEHALF OF NEW JERSEY DELIVERY DRIVERS

OUR SUCCESSFUL LEGAL ARGUMENT IN THE RED ROBIN SERVER CASE; WHY EMPLOYERS MAY NOT REQUIRE SERVERS TO SHARE THEIR TIPS WITH RESTAURANT EMPLOYEES WHO DO NOT WAIT ON CUSTOMERS

Several Philadelphia and New Jersey unpaid wage attorneys have asked us to post the brief we filed in the Red Robin tip lawsuit that appears in out July 10 blog entry.  We are happy to share this work product.  Here is the legal argument section of the brief: The FLSA requires employers to pay employees […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , | Comments Off on OUR SUCCESSFUL LEGAL ARGUMENT IN THE RED ROBIN SERVER CASE; WHY EMPLOYERS MAY NOT REQUIRE SERVERS TO SHARE THEIR TIPS WITH RESTAURANT EMPLOYEES WHO DO NOT WAIT ON CUSTOMERS

M.D. Pa: 29 U.S.C. § 203(m) requires that Servers employed at Red Robin restaurants must have direct customer interaction in order to participate in a tip pool

In an opinion issued yesterday from the Middle District of Pennsylvania, Judge James M. Munley denied Red Robin restaurant’s motion to dismiss a Fair Labor Standards Act (“FLSA”) claim brought by our firm as a collective action on behalf of all other Red Robin restaurant Servers employed within the last 3 years.  See Ford, et […]

Posted in Uncategorized | Tagged , , , , | Comments Off on M.D. Pa: 29 U.S.C. § 203(m) requires that Servers employed at Red Robin restaurants must have direct customer interaction in order to participate in a tip pool

JOB DESCRIPTIONS IN A RESUME DO NOT DETERMINE IF AN EMPLOYEE IS ENTITLED TO OVERTIME PAY

Employers will often argue that a Court need not examine what an individual’s actual job duties or how they spend their time to determine if they were misclassified as not entitled to overtime pay.  Instead, they often point to job descriptions on an employee’s resume as evidence that “managerial” or “executive” tasks were the primary […]

Posted in Uncategorized | Tagged , , , , | Comments Off on JOB DESCRIPTIONS IN A RESUME DO NOT DETERMINE IF AN EMPLOYEE IS ENTITLED TO OVERTIME PAY

CURRENT AND FORMER RETAIL MANAGERS IN PENNSYLVANIA MAY HAVE BEEN ILLEGALLY DENIED FULL TIME-AND-ONE-HALF OVERTIME PAY

Retailers in Pennsylvania frequently pay overtime to salaried employees under what is called the “Fluctuating Workweek Method” in which they receive “half-time” for hours worked over 40 in a week.   Many retail workers unfortunately refer to this method of payment as “Chinese Overtime.”  Evans v. Lowe’s Cos., 2004 U.S. Dist. LEXIS 8335, *8 (M.D. […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on CURRENT AND FORMER RETAIL MANAGERS IN PENNSYLVANIA MAY HAVE BEEN ILLEGALLY DENIED FULL TIME-AND-ONE-HALF OVERTIME PAY

Pennsylvania Federal Court Conditionally Certifies Class of Field Service Managers Employed by Alliance Inspection Management, LLC

On April 24, 2014, Magistrate Judge Eddy from the United States District Court for the Western District of Pennsylvania granted Plaintiff’s motion to conditionally certify a collective action comprised of all Field Service Managers (“FSMs”) employed by Alliance Inspection Management, LLC (“AIM”) in the United States within the past three years.  Jones v. Alliance Insp. […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , | Comments Off on Pennsylvania Federal Court Conditionally Certifies Class of Field Service Managers Employed by Alliance Inspection Management, LLC

RECENT SUPREME COURT DEVELOPMENT: SANDIFER V. U.S. STEELE CORPORATION

On January 27, 2014, the Supreme Court decided Sandifer v. United States Steel Corp., __ U.S. __, 134 S. Ct. 870 (2014), wherein it addressed the scope of Section 3(o) of the FLSA.  Before addressing the Court’s holding, here is some background: The FLSA generally requires that employees be paid a minimum wage for all hours […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on RECENT SUPREME COURT DEVELOPMENT: SANDIFER V. U.S. STEELE CORPORATION

CORPORATION LOOSES BID TO PREVENT ARBITRATION

In a classic “man bites dog” story, a mortgage company has failed to prevent 188 mortgage loan officers from arbitrating their overtime rights claims.  It seemed like Corporate America’s love affair with arbitration clauses is not so strong when they face multiple claims and realize that arbitration really is pretty expensive and inefficient.  You should […]

Posted in Uncategorized | Tagged , , | Comments Off on CORPORATION LOOSES BID TO PREVENT ARBITRATION

SIXTH CIRCUIT HOLDS THAT EMPLOYEES CANNOT “AGREE” TO SHORTEN STATUTE OF LIMITATIONS PERIOD UNDER FAIR LABOR STANDARDS ACT (“FLSA”) OR EQUAL PAY ACT (“EPA”)

Earlier today, the Sixth Circuit Court of Appeals issued an opinion holding that FedEx could not enforce a contract provision in which employees purportedly agreed to file overtime rights and equal pay claims within a time period that is shorter than the period allowed under the FLSA and EPA.  The court based its opinion on […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on SIXTH CIRCUIT HOLDS THAT EMPLOYEES CANNOT “AGREE” TO SHORTEN STATUTE OF LIMITATIONS PERIOD UNDER FAIR LABOR STANDARDS ACT (“FLSA”) OR EQUAL PAY ACT (“EPA”)

TWO MORE FEDERAL COURTS DISAPPROVE OF FWW REVERSION

Employers continue to argue that they can use the fluctuating workweek method (a.k.a. half-time method) to calculate the amount of overtime damages owed to employees who win overtime lawsuits alleging that they were misclassified as overtime exempt.  I will not go into the details of the decisions, because this topic has been covered repeatedly on […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on TWO MORE FEDERAL COURTS DISAPPROVE OF FWW REVERSION

NEW JERSEY FEDERAL JUDGE DENIES MOTION TO DISMISS FILED BY OWNERS, DIRECTORS, AND MANAGERS WHOM WERE SUED IN THEIR INDIVIDUAL CAPACITY FOR OVERTIME VIOLATIONS

In a recent opinion, Judge Jerome Simandle for the District of New Jersey denied a motion to dismiss filed by individual defendants seeking to dismiss the Fair Labor Standards Act (“FLSA”) and New Jersey Wage and Hour Law (“NJWHL”) claims asserted against them.  See Adami v. Cardo Windows, Inc., 2013 U.S. Dist. LEXIS 102447 (D.N.J. […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on NEW JERSEY FEDERAL JUDGE DENIES MOTION TO DISMISS FILED BY OWNERS, DIRECTORS, AND MANAGERS WHOM WERE SUED IN THEIR INDIVIDUAL CAPACITY FOR OVERTIME VIOLATIONS

DC CIRCUIT INVALIDATES DOL’S ADMINISTRATOR’S INTERPRETATION REGARDING THE OVERTIME RIGHTS OF MORTGAGE LOAN OFFICERS

On July 2, the DC Circuit Court of Appeals issued an opinion invalidating a 2010 Wage and Hour Administrator’s Interpretation that explained that mortgage loan officers generally are not covered by the FLSA’s outside sales exemption.  The Circuit Court did address whether or not mortgage loan officers are, in fact, overtime exempt.  Rather, the Court […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on DC CIRCUIT INVALIDATES DOL’S ADMINISTRATOR’S INTERPRETATION REGARDING THE OVERTIME RIGHTS OF MORTGAGE LOAN OFFICERS

FEDERAL JUDGE CONDITIONALLY CERTIFIES CLASS OF ADMISSIONS REPRESENTATIVES

On July 15, a federal judge in Minnesota conditionally certified a class of admissions representatives employed by Regency Corporation, which runs a chain of for-profit beauty schools.  The lawsuit alleges that the admissions representatives were denied overtime by being required to work off-the-clock.  The opinion is entitled Michelle Le, et al. v. Regency Corp., et […]

Posted in Uncategorized | Tagged , , , , | Comments Off on FEDERAL JUDGE CONDITIONALLY CERTIFIES CLASS OF ADMISSIONS REPRESENTATIVES

Retailer Cannot Defeat Conditional Certification Challenging “Half-Time” Overtime Claims

As the result of recent amendments to Department of Labor regulations, many retailers in Pennsylvania, New Jersey, New York and elsewhere are facing unpaid overtime claims challenging their use of the Fluctuating Workweek Method of compensation for overtime eligible employees. “Many referred to the pay system as ‘Chinese Overtime.’”  Evans v. Lowe’s Cos., 2004 U.S. […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Retailer Cannot Defeat Conditional Certification Challenging “Half-Time” Overtime Claims

Federal Judge Rules that Facebook Posts for 87 FLSA Opt-Ins Are Not Discoverable

In a recent decision from Judge Totenberg for the Northern District of Georgia, Jewell v. Aaron’s, Inc., 2013 U.S. Dist. LEXIS 102182 (N.D. Ga. July 19, 2013) the Court held that social media posts for 87 employees that opted into a Fair Labor Standards Act (“FLSA”) 29 U.S.C. § 216(b) collective action were not discoverable. […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Federal Judge Rules that Facebook Posts for 87 FLSA Opt-Ins Are Not Discoverable

Our Firm Continues to File Overtime Rights Claims on Behalf of Pennsylvania Salaried Employees Who Are Paid Under the Fluctuating Workweek Method

Our firm continues to have success litigating overtime lawsuits on behalf of salaried managers and assistant managers in Pennsylvania who are paid for their overtime work under the “fluctuating workweek” method of compensation.  This method also is referred to by some companies and employees as the “half-time” method and “Chinese overtime.”  As previously reported in […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on Our Firm Continues to File Overtime Rights Claims on Behalf of Pennsylvania Salaried Employees Who Are Paid Under the Fluctuating Workweek Method

Oil and Gas Field Workers in the Oil/Gas/Natural Gas/Fracking Industry are Often Entitled to Overtime Compensation Under Federal and State Law

Our law firm currently represents oil and gas field workers employed in the oil/gas/natural gas/fracking industry in overtime cases.  If you are a former or current oil and gas worker, you may be entitled to unpaid overtime compensation.  Field workers employed by oil and gas companies are often provided with numerous job titles such as […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , | Comments Off on Oil and Gas Field Workers in the Oil/Gas/Natural Gas/Fracking Industry are Often Entitled to Overtime Compensation Under Federal and State Law

Court Finds Unpaid Interns Entitled to Wages

In a case titled Glatt v. Fox Searchlight Pictures, Inc., 2013 U.S. Dist. LEXIS 82079 (S.D.N.Y. June 11, 2013), a New York federal court held that unpaid interns who worked on the production of various films including “Black Swan” were entitled to minimum wage and (if necessary) overtime compensation for the hours they worked.  The […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Court Finds Unpaid Interns Entitled to Wages

Federal Judge Refuses to Decertify Overtime Misclassification Lawsuit Against Valspar Corporation

A Minnesota federal judge has refused to decertify an FLSA misclassification case brought by Territory Managers employed by Valspar Corporation.  This case, which was brought to our attention by a fellow Philadelphia wage and overtime attorney, provides a good example of an overtime “misclassification” case in which the employees allege that they were improperly designated […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , | Comments Off on Federal Judge Refuses to Decertify Overtime Misclassification Lawsuit Against Valspar Corporation

New Jersey Senate Gives Approval to “Truck Driver Independent Contractor Act”

Our New Jersey employment rights lawyers and New Jersey overtime lawyers are happy to see that, in May 2013, the New Jersey Senate passed the above law, which cracks down on the illegal practice of depriving delivery drovers of overtime pay and other employee befits by misclassifying them as independent contractors rather than employees.  We […]

Posted in Uncategorized | Tagged , , , , | Comments Off on New Jersey Senate Gives Approval to “Truck Driver Independent Contractor Act”

Employers’ Ability to Make Deductions to Employees’ Pay is Very Limited Under State Law

Employers often assume that they can make deductions from their employees’ compensation without any ramifications.  However, many states such as Pennsylvania, New Jersey, and New York, possess laws prohibiting deductions from employees’ compensation with the exception of very specific and limited circumstances.  See, e.g., 43 P.S. § 260.3; 34 Pa. Code § 9.1 (Pennsylvania); N.J.Stat.Ann. […]

Posted in Uncategorized | Tagged , , | Comments Off on Employers’ Ability to Make Deductions to Employees’ Pay is Very Limited Under State Law

LU Technical Corrections Act

The United States District Court for the District of New Jersey issued an opinion today finding that a driver represented by Winebrake & Santillo was entitled to overtime premium compensation even though she periodically drove vehicle weighing more than 10,000 pounds.  In a case titled McMaster v. Eastern Armored Services, Inc., the company argued that […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on LU Technical Corrections Act

Pennsylvania Court of Common Pleas Rules that 8/80 Rule Violated Pennsylvania Minimum Wage Act

The Court of Common Pleas for Lehigh County recently issued an order finding that a senior care provider violated the Pennsylvania Minimum Wage Act (“PMWA”) by paying its hourly employees represented by Winebrake & Santillo under the “8/80 Rule.”  In a case titled LeClair v. Diakon Lutheran Social Ministries, the Court held that prior to […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on Pennsylvania Court of Common Pleas Rules that 8/80 Rule Violated Pennsylvania Minimum Wage Act

Who We Represent

The attorneys at Winebrake & Santillo, LLC have extensive experience representing workers from various employment fields and backgrounds to help them recover unpaid wages.  Just a few examples of the types of employees we have previously represented are: Computer Technicians and IT Employees:  Many employers will automatically pay their IT employees a salary and classify […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Who We Represent

Middle District Court of Pennsylvania holds that the Settlement of Overtime Claims under the Fair Labor Standards Act Requires Court Approval

On December 13, 2012, U.S. District Judge Christopher Conner issued an opinion concerning whether settlements of overtime claims in FLSA cases requires approval from either a district court or the Department of Labor to be binding.  In Deitz v. Budget Innovations & Roofing, Inc., the Court concluded that such oversight was necessary, stating:  “The undersigned […]

Posted in Uncategorized | Tagged , , , | Comments Off on Middle District Court of Pennsylvania holds that the Settlement of Overtime Claims under the Fair Labor Standards Act Requires Court Approval

First Circuit Refuses to Hear Appeal of Order Certifying Class of Massachusetts Citizens Bank Assistant Branch Managers

As we reported this past July, Winebrake & Santillo, working with co-counsel from the Kansas City law firm of Donelon PC, obtained class certification for a class of Assistant Branch Managers (ABMs) employed at Citizens Bank locations throughout Massachusetts.  The lawsuit, entitled Lyons v. Citizens Financial Group, Inc., 11-cv-11187-GAO (D.Mass.), is pending in the United […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on First Circuit Refuses to Hear Appeal of Order Certifying Class of Massachusetts Citizens Bank Assistant Branch Managers

Utah District Court Judge Holds that Language About Potential Cost Shifting Should Not be Included in Collective Action Notice

On December 13, 2012, Judge Tena Campbell of the District of Utah refused to allow the notice to potential FLSA class members to include language stating that if unsuccessful, plaintiffs may be subject to paying a pro rata portion of the costs incurred by a defendant.  The Court held that “[g]iven the small amount of […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Utah District Court Judge Holds that Language About Potential Cost Shifting Should Not be Included in Collective Action Notice

Some Cases Addressing the Importance of the FLSA’s Fee Recovery Provision

Pennsylvania overtime lawyers and wage lawyers should keep the following cases in mind when they think about filing cases involving the overtime rights of employees:  The FLSA explicitly provides that “[t]he court in [an FLSA] action shall . . . allow a reasonable attorney’s fee to be paid by the defendant, and costs of the […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , | Comments Off on Some Cases Addressing the Importance of the FLSA’s Fee Recovery Provision

District of Massachusetts reiterates Certification of Class of Citizens Bank Assistant Branch Managers.

As we reported this past July, Winebrake & Santillo, working with co-counsel from the Kansas City law firm of Donelon PC, obtained class certification for a class of Assistant Branch Managers (ABMs) employed at Citizens Bank locations throughout Massachusetts.  The lawsuit, entitled Lyons v. Citizens Financial Group, Inc., 11-cv-11187-GAO (D.Mass.), is pending in the United […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on District of Massachusetts reiterates Certification of Class of Citizens Bank Assistant Branch Managers.

Pennsylvania Court of Common Pleas Issues Order in Favor of Home Health Workers Under Pennsylvania Minimum Wage Act.

The Court of Common Pleas for Dauphin County Pennsylvania recently entered an order finding that Home Health Workers, represented by Winebrake & Santillo, were entitled to overtime premium under the Pennsylvania Minimum Wage Act as a matter of law.  In a case titled Grajales v. Safe Haven Quality Care, LLC , the Court held that […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Pennsylvania Court of Common Pleas Issues Order in Favor of Home Health Workers Under Pennsylvania Minimum Wage Act.

Kansas District Court Affirms Jury Verdict Awarding Overtime to Meat Workers

On August 21, 2012, a Kansas District Court denied post-trial motions by Tyson Foods in a donning and doffing case in which a jury found that it violated the FLSA by failing to pay Kansas beef workers for all time spent working.  The district court’s opinion addresses various issues, including the propriety of conditional certification, […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Kansas District Court Affirms Jury Verdict Awarding Overtime to Meat Workers

Ohio District Court Conditionally Certifies FLSA Class of Over 1,600 Mortgage Loan Officers Seeing Unpaid Overtime

On September 29, 2012, Southern District of Ohio Judge Edmund Sargus conditionally certified a class of over 1,600 Mortgage Loan Officers who alleged that they were misclassified as exempt from the overtime laws.  The Loan Officers worked for US Bank. As a result of the conditional certification order, the loan officers will be notified of […]

Posted in Uncategorized | Tagged , , , | Comments Off on Ohio District Court Conditionally Certifies FLSA Class of Over 1,600 Mortgage Loan Officers Seeing Unpaid Overtime

A COLLECTION OF CASES IN WHICH COURTS TOLL THE FLSA LIMITATIONS PERIOD

Here are some cases in which district courts have tolled the FLSA limitations period: In Bolletino v. Cellular Sales of Knoxville, Inc., 2012 U.S. Dist. LEXIS 112132 (E.D.Tenn. Aug. 9, 2012), the defendant sought to stay all proceedings pending the resolution of their motion to dismiss.  See id. at *3-8.  The district court generally granted […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on A COLLECTION OF CASES IN WHICH COURTS TOLL THE FLSA LIMITATIONS PERIOD

NEW YORK DISTRICT COURT JUDGE REFUFSES TO COMPEL ARBITRATION OF FLSA COLLECTIVE ACTION

Southern District of New York Judge Harold Bear recently refused to compel arbitration in a lawsuit in which Financial Solutions Advisors employed by Merrill Lynch & Co. allege that they are violated overtime pay in violation of the FLSA.  While it was clear that the Advisers signed arbitration clauses, the Judge noted that the arbitration […]

Posted in Uncategorized | Tagged , , , , | Comments Off on NEW YORK DISTRICT COURT JUDGE REFUFSES TO COMPEL ARBITRATION OF FLSA COLLECTIVE ACTION

FEDERAL COURTS ARE STARTING TO CATCH-ON TO THE “INDEPENDENT CONTRACTOR” SCAM

Our law firm continues to file federal court lawsuits challenging the corporate scam of misclassifying workers as “independent contractors” rather than “employees.”  This practice enables corporations to: (i) cheat workers out of basic benefits (such as, for example, overtime pay, worker’s compensation insurance, and unemployment insurance), (ii) cheat the government out of tax dollars, and […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on FEDERAL COURTS ARE STARTING TO CATCH-ON TO THE “INDEPENDENT CONTRACTOR” SCAM

“Day-Rate Employees Entitled to Overtime Pay”

Many workplace advocates and Trial Lawyers assume that only “hourly” employees are entitled to time-and-one-half overtime pay for hours worked over 40 in a workweek.  It’s time to bust this myth.  In fact, the right to overtime pay extends to all kinds of employees who are not paid on a traditional hourly basis. For example, […]

Posted in Uncategorized | Tagged , | Comments Off on “Day-Rate Employees Entitled to Overtime Pay”

THE PURPOSE BEHIND OUR OVERTIME LAW

Many of you know that our federal overtime law – the Fair Labor Standards Act (“FLSA”) – was enacted during the Great Depression and that the law ensures that employees are fairly compensated for working long hours.  This, however, is not the only purpose behind the FLSA. In these times of high unemployment, it’s especially […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on THE PURPOSE BEHIND OUR OVERTIME LAW

Some Court Decisions Holding that Allegedly Misclassified Managers Resumes Are Not Dispositive in Overtime Rights Lawsuit

Here are some cases you can cite to the next time a defense firm tries to use your client’s resume against them in an overtime misclassification case under the executive, administrative, or professional exemptions: Schaefer v. IMPC, 358 F.3d 394, 400-01 (6th Cir. 2004) (“[W]e have recognized that resumes may not provide the most accurate […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Some Court Decisions Holding that Allegedly Misclassified Managers Resumes Are Not Dispositive in Overtime Rights Lawsuit

Western District of Pennsylvania Holds that the Fluctuating Workweek Method of Pay is Impermissible Under Pennsylvania Overtime Law

On August 27, 2012, Judge Cathy Bissoon of the Western District of Pennsylvania issued an opinion in Foster v. Kraft Foods Global, Inc. holding that the Fluctuating Workweek method of paying overtime compensation was not permissible under the Pennsylvania Minimum Wage Act. Under the Fluctuating Workweek method, an employee is paid a salary and then […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Western District of Pennsylvania Holds that the Fluctuating Workweek Method of Pay is Impermissible Under Pennsylvania Overtime Law

Our Recent Third Circuit Victory

Our firm is especially proud of our role in Knepper v. Rite Aid Corp., 675 F.3d 249 (3d Cir. 2012), wherein the Third Circuit held that workers participating in FLSA collective actions may simultaneously assert class action claims under state wage and hour laws.  The decision rejects the reasoning of at least 15 separate district […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Our Recent Third Circuit Victory

New Jersey Federal Judge Refuses to Decertify Overtime Lawsuit Brought by Salespeople

     A defendant’s motion for decertification as to a collective class consisting of “front-line salespeople and “travel club salespeople” was recently denied by the New Jersey District Court in William Zanes, et al. v. Flagship Resort Development.  See 2012 U.S. Dist. LEXIS 22191 (D.N.J. Feb. 22, 2012).  The Court also granted the plaintiffs’ motion […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on New Jersey Federal Judge Refuses to Decertify Overtime Lawsuit Brought by Salespeople

Statute of Limitations for Sales Professions Formerly Classified as Independent Contractors

Eastern District of Tennessee Grants Plaintiff’s Motion to Toll the Running of On August 9, 2012, Magistrate Judge H. Bruce Guyton of the Eastern District of Tennessee granted Plaintiff Nicholas Bolletino’s motion to toll the running of the statute of limitations for Sales Professionals who worked for Cellular Sales of Knoxville, Inc.  Plaintiff Bolletino is […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , | Comments Off on Statute of Limitations for Sales Professions Formerly Classified as Independent Contractors

District Court Denies Motion to Decertify Class of FedEx Delivery Drivers who Allege they Were Misclassified as Independent Contractors

On August 13, 2012, the United States District Court for the District of Maine issued an opinion in Scovil v. FedEx Ground Package System, Inc., 2012 U.S. Dist. LEXIS 113558 (D. Me. Aug. 13, 2012).  In Scovil, the plaintiffs are package delivery drivers who allege that FedEx violated the FLSA by misclassifying them as independent […]

Posted in Uncategorized | Tagged , , , , | Comments Off on District Court Denies Motion to Decertify Class of FedEx Delivery Drivers who Allege they Were Misclassified as Independent Contractors

Here Is Some Authority for the Proposition that, Under the FLSA, the Running of the Statute of Limitations Period Should Be Tolled When the Court Fails to Promptly Rule on a Conditional Certification Motion

  Equitable tolling should be granted in the instant litigation as Plaintiff has diligently been pursuing her rights on behalf of the potential collective class.  See Abadeer v. Tyson Foods, Inc., 2010 U.S. Dist. LEXIS 136978, *9 (M.D. Tenn. Dec. 14, 2010).  Indeed, as demonstrated by the procedural history set forth above, “extraordinary circumstances” exist here […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , | Comments Off on Here Is Some Authority for the Proposition that, Under the FLSA, the Running of the Statute of Limitations Period Should Be Tolled When the Court Fails to Promptly Rule on a Conditional Certification Motion

District Court Holds that FLSA Notice Form Should Be Delivered to All Class Members Employed During the Time Period Beginning Three Years Prior to the Filing of the Complaint

In the wake of conditional certification, lawyers often argue about whether the conditionally certified FLSA class period should run from (i) three years prior to the issuance of the notice form or (ii) three years prior to the filing of the complaint.  Southern District of New York Judge John G. Koeltl recently issued a decision […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on District Court Holds that FLSA Notice Form Should Be Delivered to All Class Members Employed During the Time Period Beginning Three Years Prior to the Filing of the Complaint

Winebrake & Santillo Obtains Class Certification in Overtime Rights Lawsuit on Behalf of Citizens Bank Assistant Branch Managers in Massachusetts

Winebrake & Santillo, working with co-counsel from the Kansas City law firm of Donelon PC, recently obtained class certification for a class of Assistant Branch Managers (ABMs) employed at Citizens Bank locations throughout Massachusetts.  The lawsuit, entitled Lyons v. Citizens Financial Group, Inc., 11-cv-11187-GAO (D.Mass.), is pending in the United States District Court for the […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Winebrake & Santillo Obtains Class Certification in Overtime Rights Lawsuit on Behalf of Citizens Bank Assistant Branch Managers in Massachusetts

Winebrake & Santillo Obtains Conditional Certification in Overtime Rights Lawsuit on Behalf of Transit Bus Drivers for Krapf’s Coaches, Inc

Winebrake & Santillo, recently obtained conditional certification for a class of Transit Bus drivers for Krapf’s Coaches, Inc in Pennsylvania.  The lawsuit is pending in the United States District Court for the Eastern District of Pennsylvania.  The plaintiff alleges that he and other Transit Bus drivers were misclassified as exempt from federal and Pennsylvania overtime […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Winebrake & Santillo Obtains Conditional Certification in Overtime Rights Lawsuit on Behalf of Transit Bus Drivers for Krapf’s Coaches, Inc

Here is Text From a Brief We Recently Filed in Support of the Argument that FLSA Settlements Must be Approved by the Court. We Hope Wage and Overtime Rights Lawyers Will Find This Useful

    As discussed below, all FLSA settlements (regardless of whether they concern collective action claims) should be subjected to judicial oversight.  Moreover, even if the Court declines to endorse such a rule, it nonetheless should require FLSA collective action settlements to be judicially approved. A.   All FLSA Settlements  (Regardless of Whether They Concern Collective […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Here is Text From a Brief We Recently Filed in Support of the Argument that FLSA Settlements Must be Approved by the Court. We Hope Wage and Overtime Rights Lawyers Will Find This Useful

Winebrake & Santillo Obtains Class Certification in Overtime Rights Lawsuit on Behalf of Citizens Bank Assistant Branch Managers in New York

Winebrake & Santillo, working with co-counsel from the Kansas City law firm of Donelon PC, recently obtained class certification for a class of Assistant Branch Managers (ABMs) employed at Citizens Bank locations throughout New York state.  The lawsuit, entitled Cuevas v. Citizens Financial Group, Inc., 10-cv-5582-FB (E.D.N.Y.), is pending in the United States District Court […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Winebrake & Santillo Obtains Class Certification in Overtime Rights Lawsuit on Behalf of Citizens Bank Assistant Branch Managers in New York

Employer-Obtained Declarations (aka “Happy Camper” Statements) are Often Afforded Little Weight – Especially In the Context of Class Certification

Courts around the country have consistently held that declarations submitted by an employer on behalf of current employees are of little value in deciding whether a class should be certified.  This is because it should be of no surprise that these “Happy Camper” statements hold questionable value when they are obtained in the context of […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Employer-Obtained Declarations (aka “Happy Camper” Statements) are Often Afforded Little Weight – Especially In the Context of Class Certification

Recent Writing: Second Circuit Court of Appeals Decisions Addressing the Administrative Exemption to Overtime Pay

U.S. Department of Labor (“DOL”) regulations interpreting the FLSA’s Administrative exemption provide three criteria that an employer must demonstrate for an employee to fit within its narrow confines. These are: (1) the employee must earn at least $ 455 a week; (2) the employee’s “primary duty” is the performance of “office or non-manual work directly […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Recent Writing: Second Circuit Court of Appeals Decisions Addressing the Administrative Exemption to Overtime Pay

Some Second Circuit Authority Regarding the Calculation of Overtime Damages in FLSA Misclassification Case

To calculate unpaid overtime wages under the FLSA, one must first determine the employee’s “regular rate” of pay for the relevant workweeks. See 29 U.S.C. § 207(a)(1). For salaried employees, such as the ICs here, the rate “is computed by dividing the salary by the number of hours which the salary is intended to compensate.” […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , | Comments Off on Some Second Circuit Authority Regarding the Calculation of Overtime Damages in FLSA Misclassification Case

Tolling in the Wake of FLSA Decertification

I recently came across Zivali v. AT&T Mobility, LLC, 08-cv-10310-JSR (S.D.N.Y. June 6, 2011), in which SDNY Judge Jed Rakoff, after decertifying an FLSA class, tolls the running of the statute of limitations for 45 days in order to give the opt-ins time to file individual cases. On one hand, its great that the Judge […]

Posted in Uncategorized | Tagged , , , | Comments Off on Tolling in the Wake of FLSA Decertification

Here is Some Text From a Recent Brief Dealing with Various “Salary Basis” Issues Arising Under the FLSA

The Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., and the Pennsylvania Minimum Wage Act (“PMWA”), 43 P.S. §§ 333.101, et seq., generally entitle employees to overtime premium pay calculated at 150% of their regular pay rate. See 29 U.S.C. § 207(a)(1); 43 P.S. § 333.104(c). Here, it is uncontroverted that Defendant […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Here is Some Text From a Recent Brief Dealing with Various “Salary Basis” Issues Arising Under the FLSA

Another Court Decision Refusing to Apply Dukes v. Wal-Mart to FLSA Conditional Certification Analysis

Corporate defense lawyers, all caught up in their Dukes v. Wal-Mart hysteria, continue to attempt to use the Supreme Court decision as a basis to ask district courts to reconsider FLSA conditional certification decision. Our firm recently defeated such a motion in an Eastern District of Pennsylvania lawsuit brought on behalf of Pennsylvania delivery drivers […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Another Court Decision Refusing to Apply Dukes v. Wal-Mart to FLSA Conditional Certification Analysis

Limited Initial Discovery Does Not Preclude Initial Certification Analysis

Companies will often argue that conditionally certifying classes under the FLSA is not appropriate because some discovery has occurred. However, courts often reject such arguments. For example, in Bunyan v. Spectrum Brands, Inc., the Southern District of Illinois only abandoned the two-step conditional certification approach following over 15 months of discovery by the parties during […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Limited Initial Discovery Does Not Preclude Initial Certification Analysis

Just Having Policies Against Working During Unpaid Meal Breaks Does Not Preclude Conditional Certification

Defendants will often argue that conditional certification is not appropriate because it possesses written policies in place to prevent the FLSA violations based on an automatic meal break deduction – thus the proposed class is not similarly situated.  However courts have held that “the existence of written policies setting forth proper rules for the payment […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Just Having Policies Against Working During Unpaid Meal Breaks Does Not Preclude Conditional Certification

New Jersey Judge Denies Defendant’s Motion to Decertify an FLSA Collective Action Consisting of Loan Officers and Loan Processors Not Paid Overtime

In a decision last month from the District Court for the District of New Jersey, Judge Irenas denied a defendant’s Motion to Decertify an FLSA Collective Action comprised of 100 loan officers and 20 loan processors.  See Garcia v. Freedom Mortgage Corp., 2011 U.S. Dist. LEXIS 62212 (D.N.J. June 10, 2011).  Conditional certification was previously granted […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on New Jersey Judge Denies Defendant’s Motion to Decertify an FLSA Collective Action Consisting of Loan Officers and Loan Processors Not Paid Overtime

Arizona Judge Conditionally Certifies Class of Store Managers Not Paid Overtime

On May 24, 2010 the Honorable Frederick J. Martone of the District of Arizona conditionally certified a class of approximately 4,600 current and form Store Managers at AutoZone automotive parts stores across the country (except for California). See Taylor v. Autozone, Inc. et al., 2011 U.S. Dist. LEXIS 55590 (D.Az May 24, 2011). The lawsuit […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Arizona Judge Conditionally Certifies Class of Store Managers Not Paid Overtime

Text From Recent Brief Arduing that the Pennsylvania Minimum Wage Act Provides a Private Right of Action for Overtime Actions

In this class action lawsuit, Plaintiff asserts that Defendants Wilkes-Barre Hospital Company, LLC and Wyoming Valley Health Care System (“Defendants”) violated the Pennsylvania Minimum Wage Act (“PMWA”), 43 P.S. §§ 333.101, et seq., by failing to calculate overtime premium compensation based on a 7-day workweek. Plaintiff’s legal claim is strong. In another class action lawsuit […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Text From Recent Brief Arduing that the Pennsylvania Minimum Wage Act Provides a Private Right of Action for Overtime Actions

Some recent DOL Settlements Demonstrate Reach of Wage and Overtime Violations

In the past few weeks, the Department of Labor’s Wage and Hour Division (“DOL”) has settled or obtained judgments in a number of cases, including: over $29K for two North Carolina liquor store managers who were misclassified as overtime exempt; over $118K for West Virginia security guards who were paid straight-time rather than time and […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Some recent DOL Settlements Demonstrate Reach of Wage and Overtime Violations

Paralegal Overtime Case Achieves Conditional Certification

As I recently was telling Pennsylvania (PA) and New Jersey (NJ) overtime lawyers and attorneys, paralegals often are entitled to overtime pay. Recently, in Black v. Settlepou, P.C., 2011 U.S. Dist. LEXIS 15493 (N.D. Tx. Feb. 14, 2011), the district court granted conditional certification in a lawsuit in which paralegals alleged that they were entitled […]

Posted in Uncategorized | Tagged , , | Comments Off on Paralegal Overtime Case Achieves Conditional Certification

Northern District of New York Denies Dollar General’s Motions for Summary Judgment in Store Manager Overtime Case

The Northern District of New York recently denied Dollar General’s motions for summary judgment in a case involving overtime claims of two Dollar General Store Managers.  See Anderson v. Dolgencorp of New York, Inc., 2011 U.S. Dist. LEXIS 49658 (N.D.N.Y. May 9, 2011).  Plaintiffs alleged that they were owed compensation for hours worked over forty per […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Northern District of New York Denies Dollar General’s Motions for Summary Judgment in Store Manager Overtime Case

Nude Dancers Entitled to Minimum Wage and Overtime Pay

In a recent opinion by the U.S. District Court for the District of Columbia, five exotic dancers were found to be employees of the club that they danced at, entitling them to minimum hourly wages and overtime compensation. See Thompson v. Linda & A., Inc., 2011 U.S. Dist. LEXIS 46078 (D.D.C. Apr. 29, 2011). In […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Nude Dancers Entitled to Minimum Wage and Overtime Pay

Illinois District Court Certifies Overtime Class

A Scranton (Lackawanna County) Pennsylvania wage/overtime lawyer just told me about a good class certification decision in Chavez v. Don Stoltzner Mason Contractor, Inc., 2011 U.S. Dist. LEXIS 20073 (N.D. Ill. Feb. 28, 2011).  In this case, a class of masonry workers alleged that the company failed to pay them for all hours worked by, […]

Posted in Uncategorized | Tagged , , , | Comments Off on Illinois District Court Certifies Overtime Class

Restaurants’ Motion to Dismiss Denied in S.D.N.Y. Wage and Hour Case

In Yang v. Shanghai Cafe, Inc., 2011 U.S. Dist. LEXIS 30842 (S.D.N.Y. March 24, 2011) the Southern District of New York denied two restaurants and a owner’s motion to dismiss in a case alleging violations of the Fair Labor Standards Act (FLSA) and the New York Labor Law and regulations.  More specifically, plaintiffs, who consisted of […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Restaurants’ Motion to Dismiss Denied in S.D.N.Y. Wage and Hour Case

Eastern District of New York Conditionally Certifies Group of Approximately 50 Construction Workers

A motion for conditional certification was granted by the Eastern District of New York in late March under the Fair Labor Standards Act (FLSA) on behalf of approximately fifty (50) construction workers.  See Bohdan Klimchak v. Cardrona, Inc., 2011 U.S. Dist. LEXIS 30652 (E.D.N.Y. Mar. 24, 2011).  Plaintiffs alleged that they worked over forty hours per […]

Posted in Uncategorized | Tagged , , , | Comments Off on Eastern District of New York Conditionally Certifies Group of Approximately 50 Construction Workers

FLSA Plaintiffs Not Required to File Consent Forms in Non-Collective Action

I recently received the following authority, which I found quite helpful, for the proposition that FLSA plaintiffs pursuing individual (rather than collective) actions are not required to file consent forms. See Samborski v. Linear Abatement Corp., 1998 U.S. Dist. LEXIS 12306, 3-5 (S.D.N.Y. Aug. 10, 1998) (“To the extent defendants contend that the FLSA requires […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on FLSA Plaintiffs Not Required to File Consent Forms in Non-Collective Action

Western District of Pennsylvania Declines to Extend PMWA Administrative Exemption to IT Worker

In Smith v. The Bank of New York Mellon Corporation, 2011 U.S. Dist. LEXIS 21996 (W.D. Pa. Jan. 20, 2011), the Western District of Pennsylvania denied an employer’s motion for summary judgment that an information technology worker was an exempt administrative employee under the Pennsylvania Minimum Wage Act (“PMWA”). Plaintiff Herman Smith worked as an […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Western District of Pennsylvania Declines to Extend PMWA Administrative Exemption to IT Worker

DOL Refuses To Allow Companies to Utilize the Fluctuating Workweek Method for Employees Who Receive Bonus or Premium Payments

I was just reading DOL’s Final Rule publication regarding the upcoming changes to the FLSA regulations. This Final Rule was published in the Federal Register on April 5, 2011. In my view, the most significant decision reflected in the Final Rule is the Departments refusal to implement regulatory language opining that the payment of bonuses […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on DOL Refuses To Allow Companies to Utilize the Fluctuating Workweek Method for Employees Who Receive Bonus or Premium Payments

Ohio District Court Issues Significant Conditional Certification Decision

On April 5, 2011, Southern District of Ohio Judge Gregory L. Frost granted conditional certification of an FLSA overtime rights action brought by call center operators employed by Safelite Solutions, LLC. The case is entitled Patricia W. Heaps v. Safelite Solutions, LLC, 2:10-cv-00729-GLF-NMK (S.D. Ohio). Stressing the low standard of review applicable to conditional certification, […]

Posted in Uncategorized | Tagged , , | Comments Off on Ohio District Court Issues Significant Conditional Certification Decision

Defendants’ Motion for Summary Judgment Denied as to Airport Car Rental Manager’s Overtime Claims

District Judge Stanley Chesler of the United States District Court for the District of New Jersey denied defendants’ Motion for Summary Judgment in a case involving an Airport Manager for Avis Budget Car Rental.  The case, Tahir v. Avis Budget Group, Inc., 2011 U.S. Dist. LEXIS 29729 (D.N.J. March 23, 2011) involved allegations by plaintiff […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Defendants’ Motion for Summary Judgment Denied as to Airport Car Rental Manager’s Overtime Claims

New Jersey Court Grants Conditional Certification in Case Involving Approximately 100 Construction Workers That Were Denied Overtime

Conditional certification of a collective action under the Fair Labor Standards Act (“FLSA”) was recently granted in a New Jersey case involving approximately 100 employees who worked in the construction industry holding job titles such as hazardous abatement workers, demolition workers, and teamsters.  In Kristic v. J.R. Contracting & Environmental Consulting, et al., 2011 U.S. Dist. […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on New Jersey Court Grants Conditional Certification in Case Involving Approximately 100 Construction Workers That Were Denied Overtime

Common Wage and Overtime Violations

This paper is intended to provide trial lawyers with a very brief and general overview of the federal Fair Labor Standards Act (“FLSA”) and which workers are covered by the FLSA’s overtime provisions, and examples of common wage and hour violations. Of course, what follows does not come close to addressing the many coverage issues […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Comments Off on Common Wage and Overtime Violations

Washington Court of Appeals Overturns FedEx Overtime Verdict

In late-December 2010, the Washington Court of Appeals overturned the defendant’s verdict in Randy Anfinson, et al. v. FedEx Ground Package System, Inc.. The case, reported at 344 P.3d 32, involved the claims of FedEx package delivery drivers who asserted the FedEx had misclassified them as independent contractors as exempt from the overtime pay provisions […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Washington Court of Appeals Overturns FedEx Overtime Verdict

Tennessee District Court Refuses to Decertify FLSA Collective Action in Case Involving Overtime Rights of Cable Installation Technicians

In a recent decision entitled Monroe v. FTS USA, LLC, 2011 U.S. Dist. LEXIS 11846 (W.D. Tenn. Feb. 7, 2011), the district court refused to decertify a class of over 300 cable installers who alleged that they worked off-the-clock. In particular, the court summarized the installers’ allegations as follows: “Specifically, Plaintiffs have presented evidence indicating […]

Posted in Uncategorized | Tagged , , | Comments Off on Tennessee District Court Refuses to Decertify FLSA Collective Action in Case Involving Overtime Rights of Cable Installation Technicians

Bayada Revisited

Having represented hundreds of home health aids (HHAs), certified nurses assistants (CNAs), and visiting nurses, our firm is very familiar with the Pennsylvania Supreme Court’s decision in Bayada Nurses, Inc. v. Commonwealth of Pennsylvania, 8 A.3d 866 (Pa. 2010), which upheld the position of the Pennsylvania Department of Labor & Industry that HHAs, CNAs, and […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Bayada Revisited

Pennsylvania Employees Can File Overtime Claims Directly in Court

The Pennsylvania Minimum Wage Act provides employees with the right to overtime premium pay, and employees who believe their overtime rights have been violated can file an administrative complaint with the Pennsylvania Department of Labor and Industry. However, I continue to be surprised at how many Pennsylvania workers believe that this avenue is the only […]

Posted in Uncategorized | Tagged , , | Comments Off on Pennsylvania Employees Can File Overtime Claims Directly in Court

Another District Court Allows “Hybrid” Class/Collective Acton to Proceed

Federal district courts outside of the Third Circuit continue to reject corporate defendants’ arguments that FLSA collective actions cannot proceed simultaneously with Rule 23 class action claims alleging violations of state overtime laws. Most recently, in Hendricks v. Total Quality Logistics, LLC, 1:10-cv-00649-SJD, Chief Judge Susan J. Dlott of the Southern District of Ohio refused […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Another District Court Allows “Hybrid” Class/Collective Acton to Proceed

Middle District of Pennsylvania Denies Defendant’s Motion for Summary Judgment in Dollar General Store Manager Misclassification Case.

Judge Munley of the Middle District of Pennsylvania recently denied a Defendant’s motion summary judgment in a case where a Store Manager alleged violations under the Fair Labor Standards Act (FLSA).  In Pierce v. Dolgencorp, Inc., 2011 U.S. Dist. LEXIS 10624 (M.D. Pa. Feb. 3, 2011), a former Dollar General Store Manager alleged that she was […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Middle District of Pennsylvania Denies Defendant’s Motion for Summary Judgment in Dollar General Store Manager Misclassification Case.

Eastern District of New York Denied Home Depot’s Motion for Summary Judgment in Assistant Store Manager Misclassification Case

Judge Mauskopf, a judge in the Eastern District of New York, recently denied Home Depot’s motion for summary judgment in an individual case on behalf of an Assistant Store Manager alleging overtime violations under New York law.  In Clougher v. Home Depot U.S.A., Inc., 696 F. Supp. 2d 285, 288 (E.D.Y. 2010), Mr. Clougher brought claims […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Eastern District of New York Denied Home Depot’s Motion for Summary Judgment in Assistant Store Manager Misclassification Case

Southern District of New York Court Grants Conditional Certification to CVS Assistant Store Managers

In a recent 2010 decision from the Southern District of New York, Cruz v. Hook-SupeRx,L.L.C., 2010 U.S. Dist. LEXIS 81021 (S.D.N.Y. Aug. 5, 2010), Judge Crotty granted conditional collective action certification to a group of current and former Assistant Store Managers at CVS.  The Assistant Managers hailed from six states:  Pennsylvania, New Jersey, New York, Massachusetts, […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Southern District of New York Court Grants Conditional Certification to CVS Assistant Store Managers

Defendant’s Motion to Strike Two Consent Forms in Assistant Manager FLSA Case Denied

In Rose v. Wildflower Bread Co., the United States District Court for the District of Arizona denied a defendant’s motion to strike time-barred consent forms.  2011 U.S. Dist. LEXIS 5426 (D. Arix. Jan. 20, 2011).  Plaintiff, an Assistant Manager at one of Defendant’s restaurants, filed a case on June 23, 2009 on her own behalf and […]

Posted in Uncategorized | Tagged , , , | Comments Off on Defendant’s Motion to Strike Two Consent Forms in Assistant Manager FLSA Case Denied

California Court Grants Summary Judgment Against Hershey’s in Overtime Lawsuit

On February 23, 2011, the Northern District of California granted a partial summary judgment motion against Hershey Company by Retail Sales Representative (RSR). Campanelli v. Hershey Co., 2011 U.S. Dist. LEXIS 17483 (N.D. Cal. Feb. 23, 2011). The RSRs sought to have the court find that the outside sales and administrative exemptions to the federal […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on California Court Grants Summary Judgment Against Hershey’s in Overtime Lawsuit

1,500 Individual Assistant Store Managers Cases Against Home Depot Following District of New Jersey Ruling

On February 15, 2011, Judge Peter Sheridan of the District of New Jersey decertified a conditionally certified class of Merchandising Assistant Store Managers (“MASMs”) in a lawsuit against home improvement giant Home Depot. See Aquilino v. Home Depot, U.S.A., Inc., 2011 U.S. Dist. LEXIS 15759 (D.N.J. Feb. 15, 2011). The assistant store managers in Aquilino […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on 1,500 Individual Assistant Store Managers Cases Against Home Depot Following District of New Jersey Ruling

Recent Tennessee Decision Reiterates that Store Managers can be Entitled to Overtime Pay

I just read a November 18, 2010 decision by Middle District of Tennessee Judge Aleta A. Trauger denying Dollar General’s motion for summary judgment in an FLSA case in which a store manager alleged that she was entitled to overtime pay. Like judges in similar cases, Judge Trauger emphasized that the “store manager: job title […]

Posted in Uncategorized | Tagged , , , | Comments Off on Recent Tennessee Decision Reiterates that Store Managers can be Entitled to Overtime Pay

A Few Cases Stating that Employee Rights Under the Pennsylvania Wage Payment and Collection Law Can be Predicated in Violations of the Pennsylvania Minimum Wage Act

In several cases, Pennsylvania companies and their lawyers have convinced judges to hold that the Pennsylvania Wage Payment and Collection Law (“PWPCL”) does not give employees any wage or overtime rights beyond those for which the employer is contractually obligated (through either a written or oral contract) to pay. Notably, however, a few Courts have […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on A Few Cases Stating that Employee Rights Under the Pennsylvania Wage Payment and Collection Law Can be Predicated in Violations of the Pennsylvania Minimum Wage Act

Denial of Summary Judgment in Another Independent Contractor Case

The cases in which workers allege that companies misclassify them as independent contractors continue to mount up. On January 31, 2011, a Californis appellate court held that a trucking company could not get summary judgment against a truck driver who alleged that he had been misclassified as an independent contractor. The case is entitled Arzate […]

Posted in Uncategorized | Tagged | Comments Off on Denial of Summary Judgment in Another Independent Contractor Case

Motion to Decertify Collective Action Comprised of Over 300 Cable Installation Technicians Denied

United States District Judge Bernice Bouie Donald from the Western District of Tennessee recently issued an opinion in Monroe v. FTS USA, LLC, No. 2:08-cv-2100, wherein she held that 300 cable installation technicians could continue pursuing their claims for overtime compensation as a collective action under the Fair Labor Standards Act (FLSA).  Judge Donald denied Defendant’s […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Motion to Decertify Collective Action Comprised of Over 300 Cable Installation Technicians Denied

January is a Good Month for Conditional Certification of Independent Contractor Cases

It appears that January is a good month for convincing federal judges to conditional certify FLSA cases alleging that the boss misclassified his employees as independent contractors. The other day, I came accross the following cases, all decided this January. First, in Williams v. XE Services, LLC, 2011 U.S. Dist LEXIS 669 (E.D.N.C. Jan. 4, […]

Posted in Uncategorized | Tagged , , , , | Comments Off on January is a Good Month for Conditional Certification of Independent Contractor Cases

Some Good Language to Fight Off Subpoenas in Overtime Misclassification Cases

Here is some good language that I came accross, drafted by a New York overtime rights lawyer, in an attempt to prohibit the employer in a store manager misclassification case from issuing subpoenas that seek information pertaining to the plaintiff’s job search. This might be helpful to you in fighting off similar supboenas in your […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Some Good Language to Fight Off Subpoenas in Overtime Misclassification Cases

“Self-Critical Analysis Privilege” Not Recognized in Rite Aid Assistant Store Manager Overtime Compensation Case

Magistrate Judge Carlson recently entered a Memorandum Order wherein he refused to recognize the purported “self-critical analysis privilege” in a case in which over 1,000 Rite Aid assistant store managers allege that they were misclassified as exempt from the Fair Labor Standard Act’s (FLSA) overtime compensation mandates.  Rite Aid argued that the self-critical analysis privilege […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on “Self-Critical Analysis Privilege” Not Recognized in Rite Aid Assistant Store Manager Overtime Compensation Case

Support the Employee Misclassification Prevention Act

Some of the troubles discussed in this Newsletter can be fixed by passage of the Employee Misclassification Prevention Act (the “Act”), which was introduced in April 2010 in the United States Senate.  The Act currently sits in the Senate’s Committee on Health, Education, Labor, and Pensions.  Pennsylvania Senator Robert is one of the Act’s co-sponsors. […]

Posted in Uncategorized | Tagged , , | Comments Off on Support the Employee Misclassification Prevention Act

Yo, Workers’ Compensation Lawyers: What are you Waiting For?

A worker’s compensation lawyer calls our firm and proudly explains that the WC Judge just deemed his injured client to be illegally classified as an “independent contractor.”  Due to the lawyer’s skill, diligence, and persistence the client finally will receive the worker’s compensation benefits he deserves.  Now it’s time to go after all that unpaid […]

Posted in Uncategorized | Tagged , | Comments Off on Yo, Workers’ Compensation Lawyers: What are you Waiting For?

Exploring the Scope of the “Independent Contractor” Rip-Off

When the Boss misclassifies a worker as an “independent contractor” (“IC”), he does so at the expense of the worker, the worker’s family, American taxpayers, and competing companies.  Here’s how: Workers’ Compensation Benefits:  The IC classification enables the Boss to avoid paying for workers’ compensation insurance.  This is all “well and good” until a work […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Exploring the Scope of the “Independent Contractor” Rip-Off

It’s Time to Take a Stand Against the Misclassification of Employees as “Independent Contractors”

This edition of the Wage and Hour Quarterly is dedicated entirely to an illegal practice that costs America’s taxpayers and working families billions of dollars every year: The misclassification of employees as “independent contractors.” Tens of millions of workers are classified as “independent contractors.”  So it’s no surprise that Trial Lawyers and workplace justice advocates regularly encounter this […]

Posted in Uncategorized | Tagged , , , , | Comments Off on It’s Time to Take a Stand Against the Misclassification of Employees as “Independent Contractors”

FLSA Mythbuster: Understand the Limits of Non-Profit Groups in Protecting Workers’ Wage and Overtime Rights

The FLSA Mythbuster (identity and whereabouts unknown) usually dedicates this column to “busting” commonly accepted workplace rules that, in fact, violate federal and state overtime law.  In this quarter’s edition, however, we digress to address a myth that is gaining traction among certain commentators. The myth I speak of is the notion that companies that […]

Posted in Uncategorized | Tagged , , | Comments Off on FLSA Mythbuster: Understand the Limits of Non-Profit Groups in Protecting Workers’ Wage and Overtime Rights

Abuses of the “Executive” Employee Exemption to Overtime Coverage Continue to Flourish. What You Can do to Fight Back.

The Boss has found so many ways to violate federal and state overtime law that it’s not really possible to say which violation is most pervasive.  In this edition of The Wage and Overtime Quarterly, however, we explore a violation that certainly ranks near the top of the list of overtime rip-offs: Misclassifying salaried employees as “executives” […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Abuses of the “Executive” Employee Exemption to Overtime Coverage Continue to Flourish. What You Can do to Fight Back.

The Wage and Overtime Laws Apply to Former Employees

Clients and referring counsel often ask whether workers can bring a wage or overtime lawsuit against a formeremployer and, if so, how far back their damages can extend.  Here’s what you need to know: Under the federal Fair Labor Standards Act (“FLSA”) and every similar state law, employees can sue former employers for wage and overtime […]

Posted in Uncategorized | Tagged , , , | Comments Off on The Wage and Overtime Laws Apply to Former Employees

Understand the Travel Time Rights of Landscapers, Laborers, and Contractors

The full panoply of wage and overtime rip-offs in the landscaping and construction industries are too vast to be covered by this mere Newsletter. Notwithstanding, when you speak with your clients in the landscaping and construction industries, you should be on the lookout for the Company’s failure to pay for travel between the company headquarters […]

Posted in Uncategorized | Tagged , | Comments Off on Understand the Travel Time Rights of Landscapers, Laborers, and Contractors

The Overtime Rights of Paratransit Drivers and Other Regional Transportation Drivers. Are Your Clients Being Cheated?

Our firm has successfully handled claims involving the overtime pay rights of drivers employed by bus companies that provide transportation to disabled and elderly passengers.  These bus companies often operate under contracts with local governments or local public transit agencies, and they employ thousands of drivers throughout Pennsylvania and elsewhere. Many of our friends in […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on The Overtime Rights of Paratransit Drivers and Other Regional Transportation Drivers. Are Your Clients Being Cheated?

FLSA Mythbuster: Workers Usually Must be Paid for “Unauthorized” Overtime

Each quarter, our FLSA Mythbuster (identity and whereabouts still unknown) visits Corporate America’s Land of Make-Believe to uncover common workplace rules that violate the FLSA.  Today’s column emanates from Hazleton, Pennsylvania, where The Boss has instructed his low wage employees that working beyond the scheduled 40 hour workweek generally is not permitted and that no […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on FLSA Mythbuster: Workers Usually Must be Paid for “Unauthorized” Overtime

Third Circuit Court of Appeals Endorses “Broad Definition” of Compensable Work Under the FLSA. Decision will Benefit Thousands of Workers in Pennsylvania, New Jersy, and Delaware

In September 2007, the United States Court of Appeals for the Third Circuit issued its much-anticipated decision in DeAsencio v. Tyson Foods, Inc., 500 F.3d 361 (3d Cir. 2007).  The decision is a victory for workers within the Third Circuit – which includes Pennsylvania, Delaware, and New Jersey – because the Court rejected the overly-restrictive definition […]

Posted in Uncategorized | Tagged , , , | Comments Off on Third Circuit Court of Appeals Endorses “Broad Definition” of Compensable Work Under the FLSA. Decision will Benefit Thousands of Workers in Pennsylvania, New Jersy, and Delaware

Pennsylvania Minimum Wage Act Continues to Provide Hope for Underpaid and Overworked Health Aids

In the Summer 2007 edition of the Wage and Hour Quarterly, we reviewed the Supreme Court’s disappointing holding in Long Island Care at Home, Ltd. v. Coke, 127 S. Ct. 2339 (2007), that home health aids are exempt from the Fair Labor Standards Act’s minimum wage and overtime provisions.  On a more optimistic note, however, we observed that […]

Posted in Uncategorized | Tagged , | Comments Off on Pennsylvania Minimum Wage Act Continues to Provide Hope for Underpaid and Overworked Health Aids

FLSA Mythbuster: The Boss Does Not Benefit From Sloppy or Incomplete Record Keeping

In investigating wage and hour cases, The Winebrake Law Firm often consults with workers and referring counsel who believe that a wage and hour lawsuit will be too difficult to prove because the company has not maintained accurate time records, and, therefore, the worker will not have a sufficient evidentiary basis for her allegation that […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on FLSA Mythbuster: The Boss Does Not Benefit From Sloppy or Incomplete Record Keeping

Hospital and Nursing Home Workers can Benefit from FLSA “Workweek Averaging” Litigation

A Pennsylvania hospital recently delivered checks to hundreds of workers who elected to participate in an FLSA collective action settlement negotiated by The Winebrake Law Firm and approved by the United States District Court.  The lawsuit alleged that the hospital calculated overtime in violation of detailed federal regulations by improperly “averaging” overtime workweeks with non-overtime workweeks.  It […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Hospital and Nursing Home Workers can Benefit from FLSA “Workweek Averaging” Litigation

FLSA “White Collar” Misclassification Lawsuits Continue to be Fertile Ground for Litigation

Effective August 2004, the Department of Labor (“DOL”) implemented new regulations defining the FLSA’s executive, administrative, and professional exemptions became effective in August 2004.  See 29 C.F.R. §§541.0, et seq.  Under these “white collar” exemptions, companies can avoid paying overtime to workers who receive a weekly salary of over $455 and perform executive, administrative, and […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , | Comments Off on FLSA “White Collar” Misclassification Lawsuits Continue to be Fertile Ground for Litigation

Workers Misclassified as “Independent Contractors” Continue to Reap Valuable FLSA Overtime Benefits

The overtime pay requirements of the Fair Labor Standards Act (“FLSA”) cover millions of American workers, including thousands of workers who have been misclassified as “independent contractors.”  If you represent workers who have been designated as independent contractors, you should be aware of the “striking breadth” of FLSA coverage.  As one appellate court has observed, […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Workers Misclassified as “Independent Contractors” Continue to Reap Valuable FLSA Overtime Benefits

Compenstation for “On-Call” Work

The United States Department of Labor, Wage and Hour Division (WHD) recently released a press release detailing how it recovered more than $77,000.00 in back wages for employees that were not properly paid for “on-call” work hours. Specifically, the WHD found that 21 emergency medical technicians (EMTs) in Worthington, Minnesota were required to be on-call […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Compenstation for “On-Call” Work

Seventh Circuit Rejects “Inherent Incompatibility”

In recent years, district courts within the Third Circuit have frequently held that workers cannot bring “hybrid” federal wage and hour claims under the FLSA as a collective action under 29 U.S.C. §216(b) along side state wage and hour class action claims under Federal Rule of Civil Procedure 23. See, e.g., Otto v. Pocono Health […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on Seventh Circuit Rejects “Inherent Incompatibility”

Salary must be “Fixed” for an Employer to Use the Fluctuating Workweek Method of Pay

In Adeva v. Intertek USA, 2010 U.S. Dist. LEXIS 1963 (D.N.J. Jan. 11, 2010), the District of New Jersey, the Court was faced with a question of whether an employer can use the Fluctuating Workweek Method of pay (which is unfortunately sometimes referred to as “Chinese Overtime”) when it gives employees special payments for days […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Salary must be “Fixed” for an Employer to Use the Fluctuating Workweek Method of Pay

Another Favorable “Donning and Doffing” Decision

In Franklin v. Kellog Company, 619 F.3d 604 (6th Cir. 2010), the Sixth Circuit Court of Appeals issued a decision that will be helpful to food processing workers seeking recovery for their time spent gathering, donning and doffing safety and protective gear, for time spent cleaning themselves and their gear, and for time spent traveling […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Another Favorable “Donning and Doffing” Decision

An Employee with the Job Title of “Store Manager” May Be Entitled to Overtime Compensation

In a recent decision from the Middle District of Pennsylvania, Plaunt v. Dolgencorp, Inc., 2010 U.S. Dist. LEXIS 132135 (M.D. Pa. Dec. 14, 2010), Judge James A. Munley held that a store manager’s cause of action seeking overtime-pay under the Fair Labor Standards Act, (FLSA), 29 U.S.C. § 213(a)(1), could proceed past the summary judgment […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on An Employee with the Job Title of “Store Manager” May Be Entitled to Overtime Compensation

There is No Such Thing as a Free Lunch

Many times employers try to squeeze unpaid work out of their employees by having them perform work during parts of an unpaid meal break period. However, the Secretary of Labor has promulgated regulations stating that: Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on There is No Such Thing as a Free Lunch

In the Third Circuit, “Guaranteed Salary” Plans Might Not Always Satisfy the Salary Basis Test

I recently wrote a brief in which we argued that our client was not paid on a salary basis and, therefore, could not be overtime exempt under the professional or executive exemptions to the Fair Labor Standards Act or the Pennsylvania Minimum Wage Act. In this case, the employer purportedly paid the plaintiff a “guaranteed […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on In the Third Circuit, “Guaranteed Salary” Plans Might Not Always Satisfy the Salary Basis Test

Some Decisions Discounting the Importance of Plaintiffs’ Resumes in Overtime Misclassification Cases

Often, in cases in which the Plaintiff alleges that he was misclassified under the white-collar exemptions to federal and state overtime laws, the Defendant, seeking to prove that the Plaintiff performed executive, administrative or professional tasks, often places great emphasis on the Plaintiff’s description of his former job duties on his current resume. Here are […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Some Decisions Discounting the Importance of Plaintiffs’ Resumes in Overtime Misclassification Cases

Many Package Delivery Drivers are Entitled to Overtime Premium Pay

The Motor Carrier Act (“MCA”) exemption to the FLSA’s overtime pay requirement prevents many truck drivers from receiving time-and-one-half overtime pay when they work over 40 hours in a workweek. But the MCA exemption is not absolute. For example, in a case handled by our law firm, a federal court in Philadelphia explained that, due […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Many Package Delivery Drivers are Entitled to Overtime Premium Pay

Recent Eastern District of Pennsylvania Decision Addresses Some Thorny FLSA Procedural Issues

On July 1, 2010, Judge Mary A. McLaughlin of the Eastern District of Pennsylvania issued a decision in Bambgose v. Delta-T Group, Inc., 2010 U.S. Dist. LEXIS 65586. The case involved helathcare workers who alleged that the company misclassified them as independent contractors and illegally refused to pay them overtime. In a previous opinion, the […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Recent Eastern District of Pennsylvania Decision Addresses Some Thorny FLSA Procedural Issues

Two Recent FLSA Attorney’s Fee Decisions

Two recent decisions (one of which was obtained by our law firm) uphold the well-established principle that FLSA attorney’s fees need not be proportional to the back wages awarded to workers in FLSA lawsuits. First, in Gonzalez v. Bustleton Services, Inc., 2010 U.S. Dist. LEXIS 85153 (E.D. Pa. Aug. 18, 2010), a Pennsylvania district court […]

Posted in Uncategorized | Tagged , , , | Comments Off on Two Recent FLSA Attorney’s Fee Decisions

Sixth Circuit Makes Some Important Observations About FLSA Collective Actions

I recently re-read the Sixth Circuit’s decision in O’Brien v. Ed Donnelly Enterprises, Inc., 575 F.3d 567 (6th Cir. 2009), and was struck by some of the important observations it makes about the FLSA’s collective action device. Reviewing the district court’s “second-stage” decertification of an FLSA class, the Sixth Circuit (which covers Kentucky, Ohio, Michigan, […]

Posted in Uncategorized | Tagged , , , | Comments Off on Sixth Circuit Makes Some Important Observations About FLSA Collective Actions

Another Conditional Certification Victory for Drug Store Managers

Managers and Assistant Managers are on a roll when it comes to obtaining conditional certification of claims that they have been misclassified as exempt under the FLSA’s executive exemption. Most recently, Southern District of New York Judge Paul A. Crotty conditionally certified the FLSA claims of Assistant Store Managers employed by the CVS drug store […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Another Conditional Certification Victory for Drug Store Managers

Store Manager Defeats Summary Judgment in FLSA Misclassification Lawsuit Against Dollar General

I just read an especially thoughtful opinion by Judge Catherine D. Perry of the United States District Court for the Eastern District of Missouri in an FLSA misclassification lawsuit entitled Kanatzer v. Dolgencorp, Inc., 2010 U.S. Dist. LEXIS 67798 (E.D. Missouri July 8, 2010). The decision is important in two respects. First, the Court finds […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on Store Manager Defeats Summary Judgment in FLSA Misclassification Lawsuit Against Dollar General

Federal Court Rules that FedEx Drivers are Misclassified as Independent Contractors

On May 28, 2010, United States District Judge Robert L. Miller, Jr. of the USDC for the Northern District of Indiana issued an important opinion in the multi-district litigation entitled In re FedEx Ground Package System, Inc. Employment Practices Litigation, 3:05-md-00527-RM (N.D. Ill.). In patricular, the court issued summary judgment against FedEx on the issue […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Federal Court Rules that FedEx Drivers are Misclassified as Independent Contractors

Seventh Circuit Issues an Important FLSA Certification Decision

On May 21, 2010, the Seventh Circuit Court of Appeals issued an important decision for overtime lawyers who represent workers in collective actions. In Alvarez v. City of Chicago, No. 09-2021 (7th Cir. May 21, 2010), Chicago paramedics alleged that their overtime pay was miscalculated as a result of approximately ten distinct payroll policies. The […]

Posted in Uncategorized | Tagged , , , | Comments Off on Seventh Circuit Issues an Important FLSA Certification Decision

Third Circuit Issues Two Opinions Finding that Pharmaceutical Sales Representatives are FLSA-Exempt Under the Administrative Exemption

Overtime lawyers and attorneys in Pennsylvania, New Jersey, and Delaware should be aware of two recent Third Circuit holdings that pharmaceutical sales representatives fell within the FLSA’s administrative exemption to overtime coverage. In the first decision, Smith v. Johnson and Johnson, 593 F.3d 280 (3d Cir. 2010), the court emphasized that it was not adopting […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Third Circuit Issues Two Opinions Finding that Pharmaceutical Sales Representatives are FLSA-Exempt Under the Administrative Exemption

Supreme Court Grants Writ of Certiorari in Overtime retaliation Lawsuit

On March 22, the US Supreme Court agreed to review the Seventh Circuit’s decision in Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 310 (7th Cir. 2009). In Kasten, the Seventh Circuit held that the FLSA’s anti-retaliation provision, 29 U.S.C. sec. 215(a)(3) does not protect employees who are retaliated against after they make a verbal […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Supreme Court Grants Writ of Certiorari in Overtime retaliation Lawsuit

Some District Court Decisions Rejecting Companys’ Argument thatCFLSA Consent Forms Should Signed Under Penalty of Perjury

In their never-ending quest to beat down FLSA opt-in rates, corporate defendants sometimes argue that opt-in consent forms should require the employee to fill-in various employement information (such as dates of employment) and then swear, under penalty of perjury, that such information is correct. Our firm recently encountered this tactic in a case involving the […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Some District Court Decisions Rejecting Companys’ Argument thatCFLSA Consent Forms Should Signed Under Penalty of Perjury

Looking Back at Some Good Passages from Falcon v. Starbucks

Defendants opposing FLSA collective litigation often argue that collective litigation us unwarranted because (i) low employee participation rates demonstrate that all is well in the workplace and (ii) the case is just too big and complicated to proceed as a collective action. I recently reread a great opinion – Falcon v. Starbucks Corp., 580 F. […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Looking Back at Some Good Passages from Falcon v. Starbucks

Court Rejects Hospital’s Attempt to Remove Pennsylvania Overtime Lawsuit to Federal Court

Our law firm, working with co-counsel from the Saltz Mongeluzzi Barrett & Bendesky law firm in Philadelphia, recently obtained an important decision from Eastern District of Pennsylvania Judge Eduardo Robreno. The decision, entitled Glatts v. Crozer-Keystone Health System, 645 F. Supp. 2d 446 (E.D. Pa. 2009), addresses the circumstances under which a company can remove […]

Posted in Uncategorized | Tagged , , , , , , , , , | Comments Off on Court Rejects Hospital’s Attempt to Remove Pennsylvania Overtime Lawsuit to Federal Court

An Excellent FLSA “Independent Contractor” Opinion from the Fifth Circuit Court of Appeals

Just read a great opinion reversing a district judge’s summary judgment dismissal of an overtime lawsuit in which who repaired telecommunications and cable lines in the wake of the Katrina disaster alleged that they were misclassified as independent contractors. The opinion is entitled Cromwell v. Driftwood Electrical Contractors, Inc., 2009 U.S. App. LEXIS 22389 (5th Cir. […]

Posted in Uncategorized | Tagged , , | Comments Off on An Excellent FLSA “Independent Contractor” Opinion from the Fifth Circuit Court of Appeals

Second Circuit Rules that Insurance Underwriters Not Covered by FLSA’s Administrative Exemption

On November 20, 2009, the Second Circuit decided Davis v. J.P. Morgan Chase & Co., 2009 U.S. App. LEXIS 25481 (2d Cir. Nov. 20, 2009), wherein it reversed a summary judgment finding against a loan underwriters who allege that they are entitled overtime pay under the FLSA. The Court flatly rejected the district court’s holding that […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Second Circuit Rules that Insurance Underwriters Not Covered by FLSA’s Administrative Exemption

Northern District of California Issues a Must-Read Opinion Holding that Fluctuating Workweek Method of Overtime Compensation Cannot be Applied Retroactively in an FLSA Misclassification Case

On November 17, 2009, Judge Claudia Wilken of the Northern District of California issued an extraordinarily thoughtful opinion in a case involving the overtime rights of bank employees. Judge Wilken explained that employers who misclassify employees as exempt from overtime cannot retroactively use the dreaded Fluctuating Workweek Method (“FWM”) of overtime compensation to calculate overtime […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Northern District of California Issues a Must-Read Opinion Holding that Fluctuating Workweek Method of Overtime Compensation Cannot be Applied Retroactively in an FLSA Misclassification Case

Three FLSA Overtime Decisions Decided on November 25, 2009

Here are brief summaries of three FLSA cases that were decided on November 25, 2009: The Seventh Circuit Court of Appeals affirmed summary against an FLSA class of Wisconsin paper mill employees who brought an overtime lawsuit alleging that the employer failed to pay them for: (1) time spent putting donning and doffing on and […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Three FLSA Overtime Decisions Decided on November 25, 2009

Don’t Fear Defendants’ “Happy-Camper” Declarations and Affidavits

In opposing FLSA conditional certification, defendants often gather affidavits or declarations from the plaintiffs’ co-workers to rebut the allegations in the plaintiffs’ FLSA complaint or to demonstrate that plaintiffs are not similarly situated to the co-workers. We have faced this litigation tactic on various occasions in our Pennsylvania and New Jersey overtime cases, most recently […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on Don’t Fear Defendants’ “Happy-Camper” Declarations and Affidavits

Hospital Workers throughout Pennsylvania Continue to Press their Overtime Rights in Cases for Unpaid Meal Breaks

Chief Judge Donetta Ambrose of the Western District of Pennsylvania recently granted conditional certification on behalf of an FLSA class of Pittsburgh, Pennsylvania hospital workers in Kuznyetsov v. West Penn Allegheny Health System, Inc., 2009 U.S. Dist. LEXIS 47163 (W.D. Pa. June 1, 2009). There, the hospitals made an automatic 30-minute pay deduction for meal breaks. […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Hospital Workers throughout Pennsylvania Continue to Press their Overtime Rights in Cases for Unpaid Meal Breaks

Understand the Travel Time Rights of Landscapers, Laborers, and Contractors

The full panoply of wage and overtime rip-offs in the landscaping and construction industries are too vast to be covered by this mere Newsletter. Notwithstanding, when you speak with your clients in the landscaping and construction industries, you should be on the lookout for the Company’s failure to pay for travel between the company headquarters […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Understand the Travel Time Rights of Landscapers, Laborers, and Contractors

You Need to Understand the Overtime Rights of Paratransit Drivers and Other Regional Transportation Drivers

Our firm has successfully handled claims involving the overtime pay rights of drivers employed by bus companies that provide transportation to disabled and elderly passengers. These bus companies often operate under contracts with local governments or local public transit agencies, and they employ thousands of drivers throughout Pennsylvania and elsewhere. Many of our friends in […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on You Need to Understand the Overtime Rights of Paratransit Drivers and Other Regional Transportation Drivers

A Mixed Result in Western District of Pennsylvania “Donning and Doffing” Case

In June 2008, Western District of Pennsylvania Chief Judge Donetta W. Ambrose handed workers a mixed decision in a Pittsburgh-area overtime lawsuit entitled Andrako v. United States Steel Corp., 2009 U.S. Dist. LEXIS 52235 (W.D. Pa. June 22, 2009). Here is the tally of the district court’s rulings: (i) the protective items worn by the coke […]

Posted in Uncategorized | Tagged , , , , , , , , , , , | Comments Off on A Mixed Result in Western District of Pennsylvania “Donning and Doffing” Case

Many Salaried Case Managers, Case Workers, and Social Workers are Entitled to Overtime Pay

I recently re-read a terrific DOL Wage and Hour Division Opinion Letter explaining that salaried case managers are not covered by the FLSA’s administratrive exemption to the overtime pay if their activities ”are more related to provifing the Company’s ongoing, day-to-day case management services for its customers, which involve duties such as assessing costs of […]

Posted in Uncategorized | Tagged , , | Comments Off on Many Salaried Case Managers, Case Workers, and Social Workers are Entitled to Overtime Pay

Don’t Forget the Bump Up of the Federal Minimum Wage

An Allentown, Pennsylvania overtime attorney recent reminded me that the federal minimum wage increased from $6.55 to $7.25 effective July 24, 2009. So don’t forget to check that your low-wage clients are not being cheated.

Posted in Uncategorized | Tagged , , | Comments Off on Don’t Forget the Bump Up of the Federal Minimum Wage

Another FLSA/PMWA Rule 23 Settlement Demonstrates Yet Again that the “Inherrent Incompatibility” Doctrine is a Fair Weather Defense of Convenience

Once again, a Pennsylvania district court has approved, under Federal Rule 23, the settlement of an overtime class/collective action lawsuit alleging violations of both the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. This time, in In re Montgomery Scott Financial Consultant Litigation, 2009 U.S. Dist. LEXIS 60790 (E.D. Pa. July 9, 2009), […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Another FLSA/PMWA Rule 23 Settlement Demonstrates Yet Again that the “Inherrent Incompatibility” Doctrine is a Fair Weather Defense of Convenience

The FLSA’s Attorney’s Fees Provision Is an “Integral Part” of the Statutory Scheme

I recently handled an overtime lawsuit in Northeastern Pennsylvania in which the defense attorney seemed to view the recovery of attorney’s fees under FLSA Section 16(b) as a privilege rather than a right. And this lawyer is not alone. We get the same reaction from overtime lawyers and attorneys in Philadelphia and New Jersey. These […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , , , , , , , , | Comments Off on The FLSA’s Attorney’s Fees Provision Is an “Integral Part” of the Statutory Scheme

District Court Conditionally Certifies New Jersey Overtime Lawsuit Against Liberty Travel, Inc.

Judge William J. Martini of the United States District Court for the District of New Jersey issued an opinion on July 31, 2009 conditionally certifying the FLSA claims of Liberty travel, Inc. travel agents who seek full overtime wages. The decision can be found on LEXIS at Bredbenner v. Liberty Travel, Inc., 2009 U.S. Dist. […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on District Court Conditionally Certifies New Jersey Overtime Lawsuit Against Liberty Travel, Inc.

Fifth Circuit Class Action Summary

Turner v. Larry Talbert, 2009 U.S. Dist. LEXIS 50162 (M.D. Tenn. June 15, 2009) – Plaintiffs were participants in a defined contribution 401(k) savings plan under ERISA offered through their employer who alleged that the trustee and fiduciary of the plan either stopped transmitting the employees’ contributions to the plan or failed to insure that […]

Posted in Uncategorized | Tagged , , | Comments Off on Fifth Circuit Class Action Summary

Pennsylvania Minimum Wage Act Provides Pennsylvania Workers with the Right to Overtime Pay for Work Performed Outside of the United States

On July 7, 2009, a federal court in Pittsburgh, Pennsylvania decided Truman v. DeWolfe, Boberg & Associates, Inc., 2009 U.S. Dist. LEXIS 57301 (W.D. Pa. July 7, 2009), wherein it held that the Pennsylvania overtime law, the Pennsylvania Minimum Wage Act (“PMWA”), gives Pennsylvania-based employees the right to overtime pay for work performed outside of […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on Pennsylvania Minimum Wage Act Provides Pennsylvania Workers with the Right to Overtime Pay for Work Performed Outside of the United States

NELA’s Excellent July 20, 2009 Letter Regarding the Fluctuating Workweek “Fallback”

In this blog, we’ve previously written about the injustice and illogic of allowing companies who misclassify their employees as exempt from overtime to use the fluctuating workweek method of overtime compensation in calculating the amount of unpaid overtime owed to the misclassificed worker Our firm’s lawyers have litigated this issue on behalf overtime clients throughout […]

Posted in Uncategorized | Tagged , , | Comments Off on NELA’s Excellent July 20, 2009 Letter Regarding the Fluctuating Workweek “Fallback”

Immigration Status of Wage and Hour Plaintiffs Frequently Held to be Not Discoverable

Often, employers attempt to intimidate current and former employees asserting their rights under state and federal wage and hour law by attempting make issue of the employee’s immigration status. However, Courts have consistantly found one’s immigration status to be irrelevant and issued protective orders precluding discovery of one’s immigration status.  The definition of “employee” under […]

Posted in Uncategorized | Tagged , , , | Comments Off on Immigration Status of Wage and Hour Plaintiffs Frequently Held to be Not Discoverable

A Very Helpful “Donning and Doffing” Opinion May 25th, 2009

I recently reread Chief Judge Mark E. Fuller’s terrific opinion in Burks v. Equity Group-Eufaula Division, 571 F. Supp. 2d 1235 (M.D. Ala.). This decision is a bonanza for poultry workers and should greatly assist workers’ rights lawyers as we continue the fight for fair wages in the poultry industry. Here is a brief summary […]

Posted in Uncategorized | Tagged , , , , | Comments Off on A Very Helpful “Donning and Doffing” Opinion May 25th, 2009

Middle District of Pennsylvania Judge Holds that “Workweek Standard” Applies to Minimum Wage Analysis under the Pennsylvania Minimum Wage Act

I recently read an interesiting (and, I think, important) decision in which Middle District of Pennsylvania Judge Thomas I. Vanaskie reasoned that a “workweek standard” must be applied in determining whether a company violated the minimum wage provisions of the Pennsylvania Minimum Wage Act (“PMWA”), 43 P.S. sec. 333.101,et seq., by failing to pay workers for all […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Middle District of Pennsylvania Judge Holds that “Workweek Standard” Applies to Minimum Wage Analysis under the Pennsylvania Minimum Wage Act

A Good District Court Opinion Addressing Workers’ Right to Recover for “Straight Time” Compensation Under the FLSA

We all know that Section 7 of the FLSA gives workers the right to recover overtime premium pay equaling 150% of their regular rate of pay. A more complex issue, however, is whether that section also enables workers to recover their “straight time” pay for non-overtime hours even if the straight time rate exceeds the […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on A Good District Court Opinion Addressing Workers’ Right to Recover for “Straight Time” Compensation Under the FLSA

Under Third Circuit Law, Employers Seeking to Use the “Executive” Exemption to FLSA Overtime Coverage Must Satisfy EACH of the Four Requirements Described in 29 C.F.R. sec. 541.100.

I recently came across the Third Circuit’s sometimes overlooked 2006 decision in Davis v. Montaire Farms, Inc., which can be found at 453 F.3d 554. In Davis, the Third Circuit (which covers Pennsylvania, New Jersey, and Delaware) reviewed a district court’s grant of summary judgment on grounds that the plaintiff was exempt from overtime coverage under the […]

Posted in Uncategorized | Tagged , , | Comments Off on Under Third Circuit Law, Employers Seeking to Use the “Executive” Exemption to FLSA Overtime Coverage Must Satisfy EACH of the Four Requirements Described in 29 C.F.R. sec. 541.100.

Federal District Court Upholds Worker’s Right to Sue Individual Supervisors Under the FLSA and PMWA

On April 7, 2009, United States District Judge William L. Standish of the Pittsburgh-based Western District of Pennsylvania issued a thoughtful opinion in Burroughs v. MGC Services, Inc., 2009 U.S. Dist. LEXIS 29700 (W.D. Pa. Apr. 7, 2009). In Burroughs, a Johnstown-area worker represented by WLF alleged that she was denied overtime pay in violation of the […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Federal District Court Upholds Worker’s Right to Sue Individual Supervisors Under the FLSA and PMWA

Summary of Class/Collective Actions in the 5th Circuit for the First Quarter 2009

Cutrer v. McMillan, 2009 U.S. App. LEXIS 1809 (5th Cir. Jan. 30, 2009) A group of employees of the Mississippi Department of Rehabilitation Services (“MDRS”), each over the age of 40, brought a lawsuit against supervisory officials at MDRS claiming that they were discriminated against on the basis of their age by being passed over […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Summary of Class/Collective Actions in the 5th Circuit for the First Quarter 2009

Fourth Quarter 2008 Summary of Fifth Circuit Cases

Avmed Inc., v. Browngreer PLC, 2008 U.S. App. LEXIS 23747 (5th Cir. Nov. 17, 2008) A group of non-governmental, self-funded, ERISA health benefit providers sought to enjoin the distribution of interim payments from the settlement of the Vioxx Multidistrict Litigation until a time when they were able to assert equitable rights against any of their […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Fourth Quarter 2008 Summary of Fifth Circuit Cases

Exposing the “Individualized Inquiry” Double-Standard in FLSA Misclassification Cases

Companies opposing FLSA misclassification lawsuits regularly oppose class/collective certification by arguing that the determination of whether individual workers within a job title are exempt under the FLSA requires an “individualized” analysis that precludes class or collective treatment of the litigation.  This legal argument, however, almost always contradicts the company’s business practice of simply classifying all of the […]

Posted in Uncategorized | Tagged , , , , , | Comments Off on Exposing the “Individualized Inquiry” Double-Standard in FLSA Misclassification Cases

Four Cases in which Federal Courts in Pennsylvania Deny Motions to Decertify the FLSA Class

Court decisions resolving FLSA conditional certification motions are relatively commonplace.  However, far fewer decisions are available addressing FLSA class certification at the post-discovery stage of litigation. These decisions usually arise in response to the defendant’s motion to “decertify” the FLSA class. I recently wrote a brief responding to a decertification motion. In the process, I […]

Posted in Uncategorized | Tagged , | Comments Off on Four Cases in which Federal Courts in Pennsylvania Deny Motions to Decertify the FLSA Class

Summary of FLSA Collective Action Opinions from the Fifth Circuit During 3Q 2008

A group of poultry workers at three separate plants in southern Mississippi filed a collective action alleging that Defendant failed to pay them compensation and accrued overtime for certain off the clock work including, inter alia, time spent donning and doffing certain protective gear and equipment. Both Plaintiffs and Defendant moved for summary judgment with […]

Posted in Uncategorized | Tagged , , | Comments Off on Summary of FLSA Collective Action Opinions from the Fifth Circuit During 3Q 2008

Tribe-Owned Casino Not Immune From the FLSA

Recently, in Chao v. Spokane Tribe of Indians, 2008 U.S. Dist. LEXIS 72687 (E.D. Wash. Sept. 24, 2008), a federal district court in Washington state held that a casino owned by an indian tribe is not immune from Fair Labor Standards Act (FLSA) enforcement proceedings commenced by the federal Department of Labor. In particular, the district […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Tribe-Owned Casino Not Immune From the FLSA

Rebutting Employer’s Half-Time Arguments in FLSA Misclassification Cases September 24th, 2008

Employers who lose white collar misclassification cases often try to blunt the worker’s damages by arguing that, under 29 CFR 778.113, the salary must be spread accross all hours worked, leaving the employer to merely pay half-time for the overtime hours. This argument often is misplaces. 29 CFR 778.113(a) provides: “If the employee is employed […]

Posted in Uncategorized | Tagged , , , | Comments Off on Rebutting Employer’s Half-Time Arguments in FLSA Misclassification Cases September 24th, 2008

Federal Court in Tennessee Rejects Argument that Severance Payments Can Offset Unpaid Overtime September 14th, 2008

Companies continue to attempt to avoid their failure to pay overtime under the FLSA by arguing that other types of payments to the employee should ”offset” the unpaid overtime. These arguments usually fail. For the most recent example, check out Mezger v. Price CPAs, PLLC, 2008 U.S. Dist. LEXIS 68859, *11-12 (M.D. Tenn. Sept. 8, […]

Posted in Uncategorized | Tagged , , | Comments Off on Federal Court in Tennessee Rejects Argument that Severance Payments Can Offset Unpaid Overtime September 14th, 2008

Nebraska District Court Reinforces the Principle that FLSA Collective Actions Can Proceed Alongside State Law Class Action Claims

Corporate America’s quest to convince federal judges that class action claims alleging violations of state wage laws cannot be pursued alongside FLSA collective actions continues to conflict with the reality that federal courts across the country often certify in the same action both “opt-in” collective actions asserting FLSA violations and Rule 23 “opt-out” class actions […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Nebraska District Court Reinforces the Principle that FLSA Collective Actions Can Proceed Alongside State Law Class Action Claims

District Court’s Consistently Hold That FLSA Notice Forms Should Be Based On A Three-Year Limitations Period August 24th, 2008

Companies opposing conditional certification in FLSA overtime cases often argue that, even if conditional certification is granted and notice is issued to the class, the notice mailing should be limited to class members who have been employed within two – rather than three – years from the notice date.  This argument is premised on the […]

Posted in Uncategorized | Tagged , , , , , , , , , , | Comments Off on District Court’s Consistently Hold That FLSA Notice Forms Should Be Based On A Three-Year Limitations Period August 24th, 2008

Don’t Forget to Argue the Merits of “SubClassing” When Fighting for FLSA Conditional Certification August 23rd, 2008

When companies oppose FLSA conditional certification motions in collective actions seeking unpaid overtime, they often argue that the proposed FLSA class is not “similarly situated” because the class members work in different departments of the plant or work at different job sites. These arguments generally are intended to scare the court into believing that that […]

Posted in Uncategorized | Tagged , , , | Comments Off on Don’t Forget to Argue the Merits of “SubClassing” When Fighting for FLSA Conditional Certification August 23rd, 2008

Poultry Industry Suffers Another Defeat in FLSA Overtime Lawsuit

Yet another federal district court has rejected the poultry industry’s attempt to avoid a jury trial addressing the practice of refusing to pay workers for activities engaged in before the workers arrive at the production line. On August 7, 2008, United States District Court in the Middle District of Alabama issued its decision in Burks […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Poultry Industry Suffers Another Defeat in FLSA Overtime Lawsuit

Summary of FLSA Collective Action Opinions from the Fifth Circuit During 2Q 2008

It was a busy quarter for issuing opinions in FLSA collective actions by federal district courts within the Fifth Circuit. These opinions touched on a number of different compensation related issues, from tip sharing to conditional certification of classes alleging that they worked off-the-clock. Below is a brief summary of each of the opinions issued […]

Posted in Uncategorized | Tagged , , | Comments Off on Summary of FLSA Collective Action Opinions from the Fifth Circuit During 2Q 2008

Federal Court Confirms FLSA Rights of Hazleton, Pennsylvania Beef Workers Representeed by the Winebrake Law Firm

On April 10, 2008, hundreds of beef workers in Wyalusing, Pennsylvania achieved an important victory over their employer, Cargill Meat Solutions, when Senior District Judge William J. Nealon denied the company’s summary judgment motion. The case, entitled In re Cargill Meat Solutions Wage and Hour Litigation, is published at 2008 U.S. Dist. LEXIS 31824 (M.D. […]

Posted in Uncategorized | Tagged , , , , , , , , , , , , | Comments Off on Federal Court Confirms FLSA Rights of Hazleton, Pennsylvania Beef Workers Representeed by the Winebrake Law Firm

FLSA Mythbuster: Workers Usually Must be Paid For “Unauthorized” Overtime

Each quarter, our FLSA Mythbuster (identity and whereabouts still unknown) visits Corporate America’s Land of Make-Believe to uncover common workplace rules that violate the FLSA. Today’s column emanates from Hazleton, Pennsylvania, where The Boss has instructed his low wage employees that working beyond the scheduled 40 hour workweek generally is not permitted and that no […]

Posted in Uncategorized | Tagged , , , , , , , | Comments Off on FLSA Mythbuster: Workers Usually Must be Paid For “Unauthorized” Overtime

Third Circuit Deems Philadelphia Paramedics Eligible for Overtime Pay

In a two to one decision, the Third Circuit Court of Appeals reversed a lower court ruling and held that paramedics employed by the City of Philadelphia were entitled to time and half pay for hours over 40. See Lawrence v. City of Philadelphia, 2008 U.S. App. LEXIS 11211 (3d Cir. May 28, 2008). This […]

Posted in Uncategorized | Tagged , , , | Comments Off on Third Circuit Deems Philadelphia Paramedics Eligible for Overtime Pay

Winebrake Law Firm Obtains Important Victory in Pennsylvania Overtime Lawsuit on Behalf of Scranton Prison Guards

On May 30, 2008, the United States District Court for the Middle District of Pennsylvania issued an important decision reaffirming the right of unionized prison guards employed in Scranton, Pennsylvania to pursue their Fair Labor Standards Act (“FLSA”) claim notwithstanding the existence of a collective bargaining agreement between their union and their employer.  In Gallagher, et […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Winebrake Law Firm Obtains Important Victory in Pennsylvania Overtime Lawsuit on Behalf of Scranton Prison Guards

Federal District Courts Continue to Certify Donning and Doffing Classes

On May 5, 2008, the U.S. District Court for the Western District of Wisconsin conditionally certified a class of hourly production employee’s FLSA claims under Section 216(b) and its state law claims under Federal Rule of Civil Procedure 23. See Spoerle v. Kraft Foods Global, Inc., 2008 U.S. Dist. LEXIS 37678 (W.D.Wis. May 5, 2008). In […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Federal District Courts Continue to Certify Donning and Doffing Classes

District Courts Interpreting the Portal-to-Portal Act are Consistently Holding that Sanitary and Protective Gear Worn by Beef and Poultry Workers is “Intergral and Indispensable” to their Jobs and, Therefore, Compensable

Today’s blog entry should assist workers’ rights lawyers who are trying to fend off Corporate America’s argument that activities associated with “donning and doffing” sanitary and protective gear worn by beef and poultry workers are non-compensable “preliminary or postliminary” activities under the Portal-to-Portal Act. As discussed below, at least three district courts already have rejected […]

Posted in Uncategorized | Tagged , , , | Comments Off on District Courts Interpreting the Portal-to-Portal Act are Consistently Holding that Sanitary and Protective Gear Worn by Beef and Poultry Workers is “Intergral and Indispensable” to their Jobs and, Therefore, Compensable

FLSA “Opt-Ins” Joint the Entire Action: A Few Handy Cases

I finally have gotten around to researching the somewhat ellusive issue of whether individuals who join (or “opt-in”) to an FLSA collective action pursuant to Section 16(b) of the FLSA become parties to the entire lawsuit, including any state wage claims asserted in the original complaint. Here are three published opinions in which courts conclude […]

Posted in Uncategorized | Tagged , , , | Comments Off on FLSA “Opt-Ins” Joint the Entire Action: A Few Handy Cases

Contrary to Popular Belief, the FLSA Usually Protects the Overtime Rights of Unionized Workers

Pennsylvania employment lawyers and labor lawyers often ask me about the extent to which unionized workers are protected by the FLSA. The short answer is that the FLSA covers unionized workers so long as the overtime dispute is grounded in the FLSA rather than the collective bargaining agreement. The following text is adopted from a […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Contrary to Popular Belief, the FLSA Usually Protects the Overtime Rights of Unionized Workers

Federal District Court in Philadelphia Allows Overtime Claims by Loan Officers to Proceed to Trial as Collective Action

On April 4, 2008, a federal district judge in Philadelphia, Pennsylvania issued an important opinion in Chabrier v. Wilmington Financial, Inc., 2008 U.S. Dist. LEXIS 27761 (E.D. Pa. Apr. 4, 2008). Chabrier is typical of many FLSA lawsuits that have been filed on behalf of loan officers in recent years. In these lawsuits, the loan officers […]

Posted in Uncategorized | Tagged , , , | Comments Off on Federal District Court in Philadelphia Allows Overtime Claims by Loan Officers to Proceed to Trial as Collective Action

Florida District Court Allows Off-Site Work Case to Proceed to Trial

On April 9, 2008, the United States District Court for the Middle District of Florida denied summary judgment in Saphos v. Gross Pointe Development Company, Inc., 2008 U.S. Dist. LEXIS 29182 (M.D. Fla. Apr. 9, 2008). In this case, the employee complained that her company failed to pay her overtime for hours spent attending evening […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Florida District Court Allows Off-Site Work Case to Proceed to Trial

Winebrake Law Firm Obtains federal court Approval for Over $2.4 Million in settlements for meat workers in FLSA Donning and Doffing Law-suits

On May 29, 2007, and July 26, 2007, federal judges in the United States District Courts for the Eastern and Middle Districts of Pennsylvania approved settlements totaling over $2.4 million in FLSA donning and doffing lawsuits brought on behalf of current and former meat processing workers. In each case, Attorney Pete Winebrake of The Winebrake Law […]

Posted in Uncategorized | Tagged , , , , | Comments Off on Winebrake Law Firm Obtains federal court Approval for Over $2.4 Million in settlements for meat workers in FLSA Donning and Doffing Law-suits

FLSA White Collar Misclassification Lawsuits Continue to be Fertile Ground For Litigation

Effective August 2004, the Department of Labor ( DOL) implemented new regulations defining the FLSA’s executive, administrative, and professional exemptions became effective in August 2004. See 29 C.F.R. 541.0, et seq. Under these white collar exemptions, companies can avoid paying overtime to workers who receive a weekly salary of over $455 and perform executive, administrative, […]

Posted in Uncategorized | Tagged , , , , , , | Comments Off on FLSA White Collar Misclassification Lawsuits Continue to be Fertile Ground For Litigation

REMINDER:Federal Minimum Wage Increase Becomes Effective July 24, 2007

Effective July 24, 2007, the federal minimum wage increased from $5.15/hr. to $5.85/hr. This increase, which was opposed by the usual cast of special interest groups opposed to fair wages and workplace justice, was passed by the Democratic Congress in May 2007. Since this is the first federal minimum wage increase in almost ten years, it is […]

Posted in Uncategorized | Tagged , | Comments Off on REMINDER:Federal Minimum Wage Increase Becomes Effective July 24, 2007

Workers Misclassified as “Independent Contractors” Continue to Reap Valuable FLSA Overtime Benefits

The overtime pay requirements of the Fair Labor Standards Act (“FLSA”) cover millions of American workers, including thousands of workers who have been misclassified as independent contractors. If you represent workers who have been designated as independent contractors, you should be aware of the striking breadth of FLSA coverage. As one appellate court has observed, […]

Posted in Uncategorized | Tagged , , | Comments Off on Workers Misclassified as “Independent Contractors” Continue to Reap Valuable FLSA Overtime Benefits

United States Supreme Court Holds that Home Health workers Employed by Third-Party Agencies are Exempt From FLSA Coverage.

Published by the Winbrake Law firm, LLC On June 11, 2007, the Supreme Court issued its long-anticipated decision in Long Island Care at Home, Ltd. v. Coke, 551 U.S. __, 2007 U.S. Lexis 7717 (June 11, 2007), holding that home health aids are exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions. […]

Posted in Uncategorized | Tagged , , , , , , , , | Comments Off on United States Supreme Court Holds that Home Health workers Employed by Third-Party Agencies are Exempt From FLSA Coverage.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.