Earlier this week, the Sixth Circuit released an interesting opinion addressing the use of representative evidence in “collective actions” brought under the Fair Labor Standards Act. As discussed below, the Court held that uniform testimony from dozens of individual employees can establish liability without the need for statistical evidence. At the same time, the decision … Continue Reading
Last week, in Monroe v. FTS, USA, a divided panel of the Sixth Circuit affirmed the certification of a class of workers as sufficiently “similarly situated” under the Fair Labor Standards Act, holding that they were subject to “a single, company-wide time-shaving policy,” even though time was shaved via three separate methods. Some managers simply altered … Continue Reading
The FLSA provides that administrative employees are exempt from overtime pay. The FLSA described an administrative employee as one who 1) is paid a salary of at least $455 per week; 2) primarily performs work related to management; and 3) performs duties which primarily require the exercise of discretion and independent judgement. In Lutz v. … Continue Reading
Yesterday, the Sixth Circuit issued a published opinion in Ruffin v. MotorCity Casino, in which the court held that casino security guards’ meal breaks, during which they were required to stay on casino property and monitor their two-way radios, were not spent “predominantly for the employer’s benefit,” and so not compensable under the Fair Labor … Continue Reading
Our colleagues at the Employment Law Worldview Blog have an interesting post today on Killion v. KeHE Distributors, Inc., where the Sixth Circuit overturned a collection action waiver of employee’s rights under the Fair Labor Standards Act that was offered as part of a separation package.… Continue Reading
