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    Labor & Employment Law Daily Wrap Up, WAGE-HOUR—CLASS ACTIONS—Other litigation developments, (Oct 9, 2025)

    By WK Editorial Staff

    A roundup of court actions granting conditional certification of FLSA collective and Rule 23 class actions of interest to the labor and employment community.

    Delivery drivers alleged their employer misclassified them as independent contractors, paid t ...

    By WK Editorial Staff

    A roundup of court actions granting conditional certification of FLSA collective and Rule 23 class actions of interest to the labor and employment community.

    Delivery drivers alleged their employer misclassified them as independent contractors, paid them cash directly, took a deduction out of each week’s pay as a “standing fee” for using an app, and deducted an unspecified amount for uniforms; FLSA collective (West v. Lasership, Inc., No. 21 Civ. 5382 (LTS) (SLC) (S.D.N.Y. Sept. 5, 2025)).

    Customer service representatives alleged remote call center employees were not paid for time spent booting up computers and logging out, and the employer automatically deducted 30-minute unpaid meal break from pay, even though employees regularly worked during their meal period; FLSA collective (Stoot v. Capital Management Services, L.P., No. 1:24-CV-592 LJV (MLR) (W.D.N.Y. Sept. 9. 2025)).

    Front-of-the-house employees at a restaurant who received tips were granted their motion for certification of a Rule 23 class with respect to their claim they are due additional wages because of deficiencies with tip credit notice and computation of pay rates for tipped employees; Rule 23 class (Flores v. Mission Ceviche, LLC dba Mission Ceviche, No. 24-CV-3626 (KHP) (S.D.N.Y. Sept. 12, 2025)).

    Bakery manager at a supermarket alleged that the employer paid bakery managers on a salary basis and denied overtime compensation; FLSA collective (Vye v. Hannaford Bros. Co., LLC., No. 2:24-cv-00339-NT (D. Me. Sept. 15, 2025)).

    Licensed practical nurses at health centers for mentally disabled clients alleged that despite regularly working in excess of 40 hours per week, they were not paid an overtime premium for overtime hours; FLSA collective (Delk v. Harborview Health Systems Inc., No. 24-CV-4269-ENV-JRC (E.D.N.Y. Sept. 16, 2025)).

    Surgical neurophysiologists alleged their employer classified them as exempt from FLSA overtime wages and denied overtime for hours worked in excess of 40 in a workweek; FLSA collective (Barta v. SpecialtyCare, Inc., No. 3:24-cv-01335 (M.D. Tenn. Sept. 23, 2025)).

    Automobile repair technician alleged that the employer erroneously classified technicians as independent contractors rather than employees, impermissibly avoided paying overtime, and wrongfully made deductions from their pay; FLSA collective and Rule 23 class (Dobrov v. Hi-Tech Paintless Dent Repair, Inc., No. 1:20-CV-00314 (N.D. Ill. Sept. 24, 2025)).

    Site supervisor for a communications contractor alleged the employer required hourly employees to work off the clock and altered reported time to avoid paying earned wages, including overtime wages; FLSA collective (Ultimo v. Progressive Technologies, Inc., No. 24-CV-339-JFH-SH (N.D. Okla. Sept. 25, 2025)).

    Store managers for a convenience store chain alleged the employer unlawfully misclassified them as salaried exempt employees, but that their primary duty was not management; FLSA collective (Gbete v. Sampson Bladen Oil Co., Inc., No. 5:23-CV-355-BO-KS (E.D.N.C. Sept. 26, 2025)).

    Area team leads alleged their employer classified them as exempt from overtime compensation, but that they routinely worked more than 40 hours per week performing largely the same nonexempt tasks as hourly employees; FLSA collective (Belanger v. Ocean State Jobbers Inc., No. 2:24-cv-00103-NT (D. Me. Sept. 26, 2025)).

    Nurses who took temporary travel assignments were granted a motion to certify unpaid overtime claims; however, fraud claims were not susceptible to class-wide adjudication; Rule 23 class (Egan v. Fastaff, LLC, No. 22-cv-03364-CYC (D. Colo. Sept. 30, 2025)).

    Delivery drivers alleged the employer failed to pay applicable minimum wages or any overtime wages for hours worked over 40 per week; FLSA collective (Yuan v. AA Forest Inc. dba Lasership, No. 20-CV-5484 (AMD)(MMH) (E.D.N.Y. Sept. 30, 2025)).

    Cases: WageHour ClassActions EmployeeStatus WorkingTime Overtime MinimumWage Exemptions CoverageLiability StateLawClaims

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