Category Archives: Fair Labor Standards Act Collective Action

Washington DC employment lawyer on when employees may have the right to seek a collective action under the Fair Labor Standards Act. Employer violate FLSA?

Court Approves Class Notice and Enlarges Period Covered by FLSA Claim in Overtime Class Action

Update, Sept. 21, 2007: Defendants have moved for reconsideration, and the briefing is complete. We are waiting for a decision. ———- In April 2007, I joined Alan Fuchsberg of the Jacob D. Fuchsberg Law Firm in New York City, in representing the plaintiffs and their class in a case claiming failure to pay overtime to carpet installers in the New York City area. The case, Byfield and Lee v. ABC Carpets, had originally been filed in February 2000 under the Fair Labor Standards Act and the New York Labor Law. The court had previously denied defendant’s motion for summary judgment, and had previously certified the class and approved the collective action. The defendants maintain that the installers are independent contractors, not employees, and that therefore they were not required to pay overtime. That issue will be resolved at trial. On August 6, 2007, the U.S. District Court for the Southern…
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Posted in DC Employment Class Action Information, Fair Labor Standards Act Collective Action, FLSA, New York Labor Law, Overtime Pay | Leave a comment