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Employment Law Updates
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Category Archives: Overtime

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Avoid Doubling FLSA Overtime Damages with Proper Analysis and Documentation

Posted in Fair Labor Standards Act, Overtime, Wage & Hour
Benjamin Franklin once advised that an ounce of prevention is worth a pound of cure. This axiom is still relevant today, especially in the context of the Fair Labor Standards Act (FLSA). As originally written, the FLSA mandated that employees prevailing in minimum wage or overtime lawsuits were automatically entitled liquidated damages equal to their… Continue Reading

A Wage and Hour Time Bomb: Case Highlights the Scope of FLSA’s “Fluctuating Workweek” Method for Paying Overtime

Posted in Fair Labor Standards Act, Overtime, Wage & Hour
There are still quite a few unsettled questions regarding the details of how overtime compensation must be calculated and paid to employees under the Fair Labor Standards Act (FLSA).  Within these grey areas, collective and class actions thrive. The recently approved multi-million dollar settlement agreement in Acevedo v. BrightView Landscapes, LLC,[1] a hybrid collective/class action… Continue Reading

Employee Classification and the Gig Economy – Court Leaves the Door Open for “On-Call” Time for Uber Drivers

Posted in Fair Labor Standards Act, Misclasification, Overtime, Wage & Hour
On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia (Rezak, et al. v. Uber Technologies). In their original Class Action Complaint filed in January of 2016, the drivers alleged that Uber… Continue Reading