Tag Archives: minimum wage

Pandemic necessitates review of donning and doffing policies

As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will require employers to … Continue Reading

Denying Motion for Conditional Certification, Court Says FLSA Notice and Opt-In Process Is Not A Discovery Device

The District Court for the Southern District of New York refused to conditionally certify a collective action under the Fair Labor Standards Act (“FLSA”) acknowledging that although the bar for conditional certification of a FLSA collective action is low, “it is not this low.”  Sanchez v. JMP Ventures, LLC, 2014 U.S. Dist. LEXIS 14980 (S.D.N.Y. … Continue Reading

Chauffeur Transportation Company Defeats Conditional Certification of Class of Drivers Alleging Wage-Hour Violations under the FLSA

Because of a lenient standard of proof imposed on plaintiffs by most courts, employers rarely are successful at defeating motions for conditional certification, the first step of the two-step opt-in class certification process for collective allegations of wage and hour violations under the Fair Labor Standards Act (“FLSA”).  So when an employer does defeat such a motion, it is newsworthy and must be … Continue Reading

Exotic Dancers, Other Gentlemen’s Club Employees Denied Conditional Certification

The U.S. District Court for the Eastern District of Arkansas (Judge Susan Webber Wright) denied a FLSA 216(b) motion for conditional certification by seven former employees of a strip club in Jacksonville, Arkansas who filed a putative class and collective action against the club’s owners and managers alleging that they had been improperly classified as independent contractors … Continue Reading
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