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
off-the-clock
Employer Defeats FLSA Conditional Certification of Nationwide Class Of Former Gym Employees Limiting Class To Include Only Those Employees Who Worked in Gym’s South Texas Region
By William J. Anthony on
Given the lenient standard of proof required of plaintiffs, experienced wage and hour attorneys agree that employers, in most jurisdictions, fight an uphill battle when trying to defeat conditional certification of a collective action under the Fair Labor Standards Act (“FLSA”). When an employer cannot completely defeat a motion for conditional certification, the next best …
Motion for Conditional Certification Denied When Plaintiff’s Evidence Consists of Unsubstantiated Observations and Hearsay
By William J. Anthony on
Supermarket clerk asserting that she and others similarly situated had been denied overtime pay as a result of a time-shaving policy wherein her employer allegedly deducted one hour per day for lunch breaks while she and others were only provided 30 minutes for such breaks was denied conditional certification of her wage and hour claim…
SDNY Denies Class And Collective Certification In Pair Of Off-the-Clock Wage and Hour Cases
Generally speaking, certifying an off-the-clock wage and hour class action is quite difficult as the following two consolidated cases in the District Court of the Southern District of New York illustrate. Personal bankers who sought to bring such an action against Wells Fargo and Wachovia Bank (acquired by Wells Fargo in 2008) were unable to…