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Overtime Pay

Sixth Circuit rules day rate workers not subject to white collar exemptions

The Sixth Circuit held that day rate workers were not “highly compensated” employees and were thus owed overtime, as the workers were not paid on a salary basis.  Former welding inspectors of…

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FLSA settlement agreements cannot be written to impose new terms that the parties have not agreed to

Attorneys fees can be a powerful weapon for workers in FLSA cases.  A recent case in the Second Circuit addressed the parties’ ability to allocate settlement funds as attorney’s fees. The plaintiff…

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Defendant fails to show arbitration agreements are enforceable

Employers often force their workers to sign arbitration agreements, believing that such provisions limit the company’s exposure if the workers later sue. However, courts have found many reasons why an arbitration agreement…

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Former cabling technicians sue for unpaid overtime

Former cabling technicians have sued their employer in the Western District of Texas, Midland-Odessa division, for violations of the Fair Labor Standards Act (“FLSA”), the New Mexico Minimum Wage Act (“NMMWA”), and…

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Chevron and DXP sued by former safety consultants for unpaid overtime violations

Chevron, a major oil and gas production company, and DXP Enterprises, Inc., a publicly traded company that offers compliance and consulting services to clients in the oil and gas industry, have been…

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How are class actions certified in overtime lawsuits?

What recourse is available to workers who experience the same illegal overtime pay practices while working for an employer? When there are multiple people who all claim that they have been denied…

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New Year means greater profitability for the oil and gas industry

With the start of the new year, there are some good things on the horizon for the oil and gas industry but some of the same problems continue to plague the industry….

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If your employer does not keep appropriate time records, you may have a claim for unpaid overtime

What happens if you want to bring a case for your unpaid overtime but you are unsure of how many hours you may have worked? Under the Fair Labor Standards Act (“FLSA”),…

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Fifth Circuit finds internal audit admissible in overtime lawsuit

Companies often conduct audits to determine whether their employees are properly classified under the FLSA.  If an employee later files an overtime lawsuit, are these audits admissible at trial?  A recent case…

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