Featured Articles

Even Rock Stars Have to Pay Overtime

February 15, 2011 16:05

On February 2, 2011, Steven Wiig, the former personal assistant for Metallica drummer Lars Ulrich, filed a lawsuit in the Superior Court of California, County of Marin, alleging various violations of the Fair Labor Standards Act and the California Labor Law. The case is entitled Wiig v. Ulrich,...

A Losing Record And Now This --- Citi Field Security Guards Sue The New York Mets for Overtime Pay

August 10, 2011 14:42

Just when the New York Mets thought that things couldn’t get any worse for them this season, they get “hit” with a class action lawsuit for allegedly failing to pay Citi Field security guards overtime. The plaintiffs, Errol K. Roberts and David N. Vernod, allege that Citi Field...

Employers Urge Congress To Revise the Fair Labor Standards Act

July 18, 2011 13:58

On July 14, 2011, several lobbyists and business representatives argued before the House Education and the Workforce Subcommittee on Workforce Protections (“Subcommittee”) that the Fair Labor Standards Act (“FLSA”) needs to be revised.  J. Randall MacDonald, senior vice...

"Girls Gone Wild" Film Editor Seeks Unpaid Overtime Pay

June 29, 2011 16:34

This past week, a former film editor for the “Girls Gone Wild” franchise filed a class action in the Superior Court of the State of California alleging that Manta Films Inc. and GGW Direct LLC improperly classified him as an independent contractor, and consequently, denied him overtime...

Law Firm Sued by Legal Secretary on Exemption Misclassification Theory

January 04, 2010 16:13

Law firms are usually defending clients in wage-hour suits where the allegation is that the employee claims he/she has been misclassified as exempt when they are really not and are due overtime. But, law firms themselves must be diligent about properly classifying their own employees, especially...

Take Me Out to the Ballgame - Yankee Stadium Concession Workers Want A Share of Mandatory Service Charges

May 12, 2011 17:40

On May 9, 2011, a group of Yankee Stadium food service workers filed a complaint in the Southern District of New York alleging that the stadium’s concession providers withheld tips in violation of the New York Labor Law (“NY Labor Law”). The workers allege that the concession...

Mere Conclusions as to Employer Status will Result in Dismissal

Lee A. Sevier
November 09, 2009 15:18

In Chen et al. v. Domino's Pizza Inc. et al., the U.S. District Court for the District of New Jersey dismissed Domino's Pizza Inc. from a proposed class action. The action alleged that the company, and a select number of New Jersey franchisees, failed to pay delivery drivers proper overtime...

Recent Articles

Who Is The "Employer" Under The FLSA: Second Circuit Addresses The Issue Of Individual Liability For The CEO Of Gristede's

Mark Tabakman
March 09, 2012 16:08

In FLSA cases, the plaintiff will often sue not only the Company, but its owners and/or officers as well.  I know from personal experience in defending these cases that clients often are motivated to settle because they fear the specter of possible personal or individual liability. The recent...

Swamp People Can Be Employees Too! Louisiana Joins DOL "Team" On Independent Contractor Crackdown

Mark Tabakman
February 29, 2012 18:47

I have often posted on independent contractor issues and had posted about the new initiative undertaken by the federal Department of Labor to share information with the States in a concentrated effort to find instances where employers have misclassified “true” statutory employees as...

Another Working Time Case: Whether On Land Or Sea, The Time Must Still Be Paid!

Mark Tabakman
February 23, 2012 21:10

The issue of claims for alleged working time is on a disturbing trend upwards.  There seems to be no end to the frequency and variety of these claims.  Although the latest case is not in the context of a judicial proceeding, but rather an administrative investigation, the result, and the...