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Overtime Pay

Understanding the Differences Between Federal and New Mexico Overtime Laws, and Why They Matter

By: Josh Borsellino and Morgan Scott I.  INTRODUCTION Federal and state laws sometimes overlap when it comes to regulating overtime pay. The federal statute is known as the Fair Labor Standards Act…

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Second Circuit: court approval not required for offers of judgment in overtime cases

Under the Federal Rules of Civil Procedure, a Defendant can make what is known as an offer of judgment to a Plaintiff in an effort to resolve the case.  FRCP 68 provides…

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Role of arbitration agreements in unpaid overtime lawsuits

The role of arbitration agreements in lawsuits seeking unpaid overtime and minimum wage under the Fair Labor Standards Act (“FLSA”) is a heavily litigated issue. A case from Colorado has shed some…

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Arbitration provisions unenforceable if they deny the plaintiff a right to recover attorney fees and costs

The Eleventh Circuit recently issued a ruling holding that fees and costs clauses inherent in arbitration provisions are unenforceable. The defendant, PIP, in Hudson et al. v. P.I.P., Inc., et al., No….

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More oilfield layoffs in the Permian Basin

The layoffs keep coming in the oil and gas sector in West Texas.  As reported by the Dallas Morning News (see article here), this time, it was another oilfield services company, fracking…

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Belo contracts in FLSA unpaid overtime lawsuits

A federal court in Ohio recently issued a ruling on an unusual payment arrangement involving an overtime lawsuit against an oilfield company.  The plaintiff, on behalf of himself and all others similarly…

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Can employees recover attorney fees in FLSA lawsuits?

A federal court in Midland, Texas recently issued an opinion which discusses the award of attorney’s fees to employees who prevail on their unpaid overtime claims.  The Fair Labor Standards Act (“FLSA”)…

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Misclassification of Employee v. Independent Contractor in FLSA lawsuits

In Gaye v. TJD Transportation, No. H-18-243 (S.D. Tex. June 25, 2019), the plaintiff sued the defendant alleging violations of the Fair Labor Standards Act (“FLSA”) for failing to pay the plaintiff…

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Workers win unpaid overtime lawsuit against oilfield company

A federal judge in Midland recently ruled in favor of oilfield workers that had sued their company for unpaid overtime.  The plaintiff, individually and on behalf of those similarly situated, filed a…

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