FEDERAL OVERTIME WAGE COLLECTIVE ACTIONS (SOMETIMES CALLED “CLASS ACTIONS”):...
The use of the two-tier method to determine whether collective actions should proceed under Section 216(b) of the Fair Labor Standards Act (“FLSA”) is inappropriate because it: (1) conflates Rule 23...
View ArticleDEFENDING OVERTIME WAGE CLAIMS UNDER THE FAIR LABOR STANDARDS ACT: THE...
The United States Department of Labor (DOL) is a federal agency created in 1913 under the administration of President William H. Taft, which enforces the Fair Labor Standards Act (FLSA) created in 1938...
View ArticleEXEMPTION OF LOADERS OF MOTOR VEHICLES FROM OVERTIME AND MINIMUM WAGE...
This article is Part One in a two-part series of articles discussing the exemption of loaders from the wage-hour requirements of the Fair Labor Standards Act (FLSA). Businesses whose works load large...
View ArticleDEFENDING BUSINESSES FROM TRUCK LOADERS SUING FOR OVERTIME WAGES–PART TWO
This is Part Two of the two-part series of articles discussing the overtime wage exemption of truck loaders under the Fair Labor Standards Act (FLSA). Following the United State Supreme Court’s...
View ArticleDEFENDING FLORIDA EMPLOYERS: EMPLOYER PREVAILS IN OVERTIME WAGE LAWSUIT BASED...
To determine whether a person is an employee or independent contractor for purposes of the Fair Labor Standards Act (“FLSA”), courts examine several factors to determine the “economic reality” of the...
View ArticleDEFENDING FLORIDA EMPLOYERS: OVERTIME WAGE EXEMPTION FOR EMPLOYEES PAID...
This article is part one of a two-part series on the commission-based employee overtime wage exemption under the Fair Labor Standards Act (FLSA). The FLSA, at 18 U.S.C. § 207, generally requires...
View ArticleDEFENDING FLORIDA EMPLOYERS: OVERTIME WAGE EXEMPTION FOR EMPLOYEES PAID...
This article is the second part of the discussion of employer’s defense against overtime wage claims based on the commission sales overtime wage exemption, set forth in 18 U.S.C. § 207(i). exemption...
View ArticleDEFENDING FLORIDA EMPLOYERS: DEFEATING OVERTIME AND MINIMUM WAGE COLLECTIVE...
This article is part two of a three-part series discussing how employers may successfully challenge class certification of lawsuits seeking overtime and minimum wages. The federal Fair Labor Standards...
View ArticleDEFENDING FLORIDA EMPLOYERS: DEFEATING OVERTIME AND MINIMUM WAGE COLLECTIVE...
This article is part three of a three-part series concerning employer defense against class action certification of employment law claims. Peter Mavrick is a Fort Lauderdale employment attorney, who...
View ArticleDEFENDING FLORIDA EMPLOYERS: DEFEATING TITLE VII RETALIATION CLAIMS
Title VII’s anti-retaliation provision makes it “an unlawful employment practice for an employer to discriminate against any of [its] employees . . . because he has opposed any practice made an...
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