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Twelve common overtime pay questions – ANSWERED!

Overtime pay can be confusing to non-lawyers.  In an effort to provide as much public information about overtime pay as possible, we provide the following article that provides some of the most…

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Court denies decertification of salaried nurse consultant OT case

A federal judge in Wisconsin has denied a motion by Humana to decertify a collective action in an overtime case filed by salaried nurse consultants.  The parties had previously stipulated to conditionally…

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Detention officers win overtime pay appeal

A large group of detention officers has won an appeal of a decision in an overtime pay lawsuit.  In Aguilar v. Management & Training, No. 17-2198 (10th Cir. 2020), one-hundred twenty-two officers…

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Court refuses to send overtime claim to arbitration

Companies often require their workers to sign arbitration provisions in an effort to protect themselves from overtime claims. This is often misguided, as arbitration is ultimately more expensive for the employer than state…

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Appeals court certifies class of delivery drivers

It is fairly rare for an appellate court to rule on a motion to certify an overtime case.  But the Third Circuit recently did in Hargrove v. Sleepy’s LLC, No. 10-cv-01138, 2019…

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Court holds Utilization Management Nurses not exempt from OT pay

Utilization review employees are often misclassified as exempt from state and federal overtime laws and denied overtime pay.  A decision from a federal judge in Wisconsin highlights that such personnel policies are…

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Court holds mortgage workers not exempt from OT pay

Employers are frequently sued for violating state and federal overtime pay laws resulting from classifying their workers as exempt when they should not do so.  A recent case decided by a federal…

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5th Circuit Issues Opinion on Class-Wide Overtime Arbitration

Employers are increasing their efforts to force workers to sign arbitration agreements in an effort to shield themselves from class and collective actions for overtime pay.  The Fifth Circuit recently refused to…

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Severance Agreements – What You Should Know

A severance agreement is an important legal document.  Workers that are given such agreements should always consult with an experienced employment attorney to learn of their legal rights before signing them.  Below…

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Should I sign a severance agreement?

Companies that decide to lay off workers usually give these workers a severance agreement to try to minimize their exposure to lawsuits.  A severance agreement is an important legal document.  It is…

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Janitorial Company Sued for Overtime Violations

The janitorial industry is rife with overtime violations. A case filed by the Department of Labor (“DOL”) illustrates some of the issues in this industry. Jani-King of Oklahoma Inc. was sued for…

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Federal Court Finds for Call Center Workers 

Call centers frequently violate the FLSA by failing to pay their workers overtime or minimum wages. A recent federal case in Nevada illustrates some of the issues call center employees face when…

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Court awards OT damages to Five Star Automatic Protection workers

Companies commonly violate the FLSA by failing to pay employees for pre-shift work and/or travel time. A case from the Western District of Texas illustrates these issues.  Following a lawsuit filed by…

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Court denies effort to assert second overtime class action

Workers who are shorted on overtime claims often have a choice to make as to whether to opt in or out of a class or collective action settlement.  Whether they join the…

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Recent Case Shows the Risk of Companies Taking Overtime Claims to Trial

A recent case in federal court in Connecticut demonstrates how expensive it can be for a defendant to fight an overtime case all the way to trial. Several class representatives filed an…

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Another court rejects abusive litigation tactics by Postmates

Companies have long sought to use arbitration to try to limit their liability on unpaid overtime claims. However, a recent court decision involving Postmates illustrates that arbitration may be a classic case…

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Lawsuit filed against CMR for unpaid commissions

A lawsuit has been filed in state court in Tarrant County, Texas by a former salesman against CMR Construction and Roofing of Texas, LLC. CMR is a nation-wide “multi-million dollar” roofing company…

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DOJ files FCA suit against neurosurgeon

A neurosurgeon in South Dakota has been served with a false claims act (“FCA”) complaint alleging violations of the anti-kickback laws. It was alleged that the doctor violated the FCA from the…

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Medical center settles with DOJ for FCA allegations

The False Claims Act (“FCA”) was enacted by Congress in 1863 which provides that any person who knowingly submits false claims to the government is liable for the damages. There is a…

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Pharmacy and Private Equity Firm resolve FCA allegations for $21.36 million

Pharmacy Diabetic Care Rx LLC, also known as Patient Care America (“PCA”), its CEO and former VP, and Private Equity firm, Riordan, Lewis & Haden, Inc., (“RLH”) have settled False Claims Act…

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