Takeaway: Employers should ensure exempt employees are properly classified under the FLSA. Similarly, employers should ensure nonexempt employees are accurately paid for their work, including overtime. Failure to do so may result in damages to a larger employee group, even if only a sample of employees demonstrates damages.
A district court did not err when it prohibited an attack on the plaintiffs' application of sample evidence to an entire wage and hour collective class as opposed to evidence necessary for judgments for individual plaintiffs, the 6th U.S. Circuit Court of Appeals decided.
In 2008, the plaintiffs, a group of 293 cable technicians, sued FTS and UniTek under the Fair Labor Standards Act (FLSA), claiming they were inaccurately paid for overtime worked. In 2011, a jury found in the plaintiffs' favor.
In 2016, the 6th Circuit decided on appeal that the district court erred in calculating the plaintiffs' damages by applying the wrong multiplier and inaccurately calculating their hourly rates, failing to reflect the actual hours they worked. The 6th Circuit remanded the case with specific instructions for the district court to recalculate the plaintiffs' damages with the correct multiplier and hourly rate. The U.S. Supreme Court vacated the 6th Circuit's judgment following its decision in Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. 442 (2016). Upon further review, the 6th Circuit determined Tyson supported its original decision and entered a substantially similar...
The HYDRA Commissioner has clarified that HYDRA will not interfere with houses built in old layouts on ULC (Urban Land Ceiling) lands , nor with unregularised vacant plots in such layouts. He urge...