Fair Labor Standards Act

Some employers try to avoid the overtime requirements of the Fair Labor Standards Act by claiming an hourly employee is a manager or simply that the employee is paid on a salary basis. In Kim v. Umami Grill & Sushi, LLC, No. H-18-850, 2019 U.S. List. LEXIS 31054 (S.D. Tex. 2/27/2019), the employer moved

“You get a rest break every four hours,” the seasoned warehouseman told me back in the 1970’s.  He knew everything. I just assumed he was right about this, too. But, since then, I have never seen anything in law or regulation stating that workers were entitled to a 15 minute break every 4 hours. But,

Judges matter. The life experiences they bring to the bench matter. So, when I see a concurrence like the one written by Judge Jones of the Fifth Circuit, I become concerned. In Pineda v. JTCH Apartments, LLC, No. 15-10932 (5th Cir. 12/19/2016), the employee recovered some $5,000 in damages. Santiago Pineda was a maintenance

In federal court, sanctions are a real possibility. A state court can also award sanctions if a lawsuit is found to be frivolous. But, state court judges are more reticent about awarding sanctions than federal judges. In federal court, sanctions rarely occur, but they do occur. The law firm representing the plaintiffs in Elfoulki v.

Well, two dancers won their trial last March. So, now Tiffany’s Cabaret has settled with the remaining dancers. I previously wrote about this case and trial here. The dancers sought a collective action, which is the name for a class action under the Fair Labor Standards Act. About half the dancers could not join

Minor league baseball layers work long days. Yet, they are paid perhaps $5,000 for a five month season. Some are paid generous signing bonuses. Some receive no bonus. That means a great many baseball players are paid less than minimum wage. Wages below minimum wage violate the Fair Labo Standards Act. Three former minor league

They were exotic dancers, but they were also workers, just like the rest of us. Alexis Alex and Nicolette Prieto formerly danced at Tiffany’s Cabaret, a gentleman’s club. They claimed they were not paid minimum wage. The employer’s records did not record their time. But, the club’s strongest defense was that the money paid them

I previously wrote here about the lawsuit against Lady Gaga for overtime pay.  Lady G did not do well in her deposition.  Now, the federal district court denied her ladyship’s motion for summary judgment (or some motion like that).  See New York Post report.  So, Lady G settled.  That is wise.  She would not