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Articles Posted in Wage and Hour Law

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Avis Sued in Unpaid Overtime Claims by Drivers

  The federal Fair Labor Standards Act (FLSA) mandates that all employees working in the United States must be paid at least the federal minimum wage of $7.25 per hour. This is true regardless of how the employee is paid. While some workers are paid per piece or on commission,…

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Overtime Class Action Lawsuit Filed Against BJC Healthcare System

  A St Louis news station reports: A class-action lawsuit was filed this week in St. Louis Circuit Court on behalf of former and current nurses and medical personnel employed by BJC Healthcare System … The lawsuit, Speraneo v. BJC Health System Inc., d/b/a BJC Healthcare, accuses BJC of failing…

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Seventh Circuit Affirms Class Certification in Wage Claim – Ross v. RBS Citizens, NA

Employees of a bank with multiple branch locations throughout Illinois sued to recover unpaid overtime wages under both the federal Fair Labor Standard Act (FLSA) and the Illinois Minimum Wage Law (IMWL). After the district court certified two classes of plaintiffs, the defendant bank appealed the certification to the Seventh…

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When a Failure to Deny an Allegation Constitutes and Admission – Kule-Rubin v. Bahari Group

A defendant’s failure to deny allegations in a responsive pleading to a complaint can serve as an admission of those allegations. In Kule-Rubin, et al v. Bahari Group, Limited, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion for judgment on the pleadings as…

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Federal Court Indicates Equitable Tolling Only Available in FLSA Cases When There is Evidence of Deception by Defendants

Lubin Austermuehle handles wage and hour class action litigation on a regular basis, and many of our clients’ claims are based upon violations of the Fair Labor Standards Act (FLSA). Our Schaumburg unpaid overtime attorneys were interested to see a recent class-action brought by restaurant workers alleging violations of the…

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Employers Can Require Exempt Employees to Take Mandatory Leave and Still Meet the IMWL Salary Basis Test

At Lubin Austermuehle, we are accustomed to litigating wage claims brought under the Fair Labor Standards Act, and most of our clients have FLSA claims. However, our firm also is well versed in Illinois wage laws, and our Tinley Park wage and hour attorneys discovered an interesting overtime class-action in…

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7th Circuit Court of Appeals Rules Employees Entitled to Compensation for Time Spent Donning Safety Gear Under State Law

The federal government passed the Fair Labor Standards Act (FLSA) to ensure that American workers would be paid appropriately for the work they provide. While some people may think of the FLSA as a statute that is concerned only with getting workers their unpaid overtime, the language of the law…

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Court Certifies Class-Action for Unpaid Employee Login Time

Courts have been flooded lately with claims by non-exempt employees who have not been compensated for time spent logging into computer systems and performing other start-up procedures. As experienced overtime lawyers, Lubin Austermuehle has been tracking many of these cases, and the Northern District of Illinois made a recent ruling…

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Northern District of Illinois Federal Court Grants Conditional Class Certification for Lawsuit for Unpaid Overtime

One of the most important issues at the outset of every class-action lawsuit is determining the size of the class itself. In some instances, making such a determination can be accomplished through preliminary investigations by the named plaintiff in the suit. However, the true size and scope of the class…

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Northern District of Illinois Federal Court Grants Motion to Strike Putative Overtime Class-Action

Class-action lawsuits are common in unpaid overtime cases because the misclassification of employees or miscalculation of overtime usually happens on a large scale because major companies have such sizable work forces. Because such lawsuits can prove to be quite costly, defendant employers will do whatever they can to dispose of…

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