FLSA litigation against medium-sized businesses continues, and a common tactic in such cases is to assert that one or more owners or managers of the business is the plaintiff’s "employer" under the statute, and thus individually liable for the allegedly unpaid minimum wage and/or overtime. See generally Herman v. RSR Sec. Servs., Ltd., 172
Litigation
Federal Court in Arizona Also Questions Need for Supervision of FLSA Settlement
By Noel P. Tripp on
Posted in Litigation
As we recently discussed, the Court of Appeals for the Fifth Circuit called into question the FLSA’s long-standing judicial supervision requirement, creating a split of authority between its decision rejecting the supervision requirement where other indicia of fairness are present, and the Eleventh Circuit’s 1982 decision relied on by courts which requires supervision (…
New York Judge Rejects Creative Tolling Argument Following Evidentiary Hearing
By Noel P. Tripp on
Posted in Litigation
Employment practitioners and HR professionals are aware that the limitations period under the Fair Labor Standards Act is two years, extended to three years in the case of “willful” violations under 29 U.S.C. § 255. Further, an individual’s claim under the FLSA generally is measured from the date of the filing of his or her complaint…
Contravening Eleventh Circuit, Fifth Circuit Finds No “Supervision” of FLSA Settlements Required Where Other Indicia of Fairness Are Present
By Noel P. Tripp on
Posted in Litigation
For years, the conventional wisdom among FLSA practitioners has been that waiver of FLSA claims requires “supervision,” either from a court or the federal Department of Labor. This supervision requirement dates back to the seminal appellate case on the subject, Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982). Since Lynn’s Food…
Two New York Courts Rule FLSA Defendants Can Proceed with Counterclaims
By Noel P. Tripp on
Posted in Litigation
Suing one’s employees—current or former—is fraught with expense, risk and the very real possibility of obtaining no relief whatsoever. For these reasons, employers typically do not contemplate or if contemplated decide not to sue employees (outside of the context of restrictive covenants and trade secrets) unless forced into a customary corner: as the defendant in a…