Labor & Employment Law Daily Wrap Up, WAGE-HOUR—CLASS ACTIONS—Other litigation developments, (Mar 6, 2025)

By WK Editorial Staff

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

Workers in remote or hybrid positions alleged that they were required to start working before they were permitted to punch in, and were not compensated for this off-the-clock time; FLSA collective (Fulton v. Capital Management Services, L.P., No. 2:22-cv-00823 (W.D. Pa. Jan. 31, 2025)).

Bartenders alleged that they were deprived of minimum wage for all hours worked, assigned nontipped duties, and forced to unlawfully turn over portions of their tips; FLSA collective (Johnson v. Miss Toyas Creole House, LLC, No. GLR-23-2821 (D. Md. Feb. 2, 2025)).

Exotic dancers at an adult entertainment club alleged that the club classified them as independent contractors, but they were subject to the club’s control, it determined their pay scale, possessed authority to discipline them, did not pay them any wages at all, and required them to share tips with nontipped employees; FLSA collective (Kemmerlin v. Bicentennial Inc. dba Lady Godiva’s, No. 24-CV-0230-CVE-CDL (N.D. Okla. Feb. 3, 2025)).

Technician for a company that constructs and maintains wireless communication towers alleged the employer required employees to work off-the-clock before clocking in, after clocking out, and during meal and rest breaks, and did not pay for overtime at the proper rate; FLSA collective (Morris v. AscendTek, LLC, No. C24-0565-KKE (W.D. Wash. Feb. 7, 2025)).

Tipped employees of a pizzeria alleged that the employer improperly paid a tip credit and that it was not entitled to pay them less than the full minimum wage because it did not provide them proper written notice of the minimum wage; FLSA collective (Veleva v. Seastian’s Pizzeria Inc dba Lazzara’s Pizza, No. 1:24-cv-04930 (MKV) (S.D.N.Y. Feb. 14, 2025)).

Restaurant employees alleged their employer had a common policy of not paying employees for all hours worked, not paying all overtime hours worked, and improperly retaining tips, among other claims; FLSA collective (Son v. Hand Hospitality, No. 22-CV-4639 (RWL) (S.D.N.Y. Feb. 18, 2025)).

Server was granted a motion for court-authorized notice of an FLSA case alleging that the employer attempted to take credit for tips servers earned despite its failure to comply with the strict requirements for taking a “tip credit”; FLSA collective (Ismail v. Grazia Italian Kitchen Pearland LLC, No. 3:23-cv-00286 (S.D Tex. Feb. 21, 2025)).

Customer service representative was granted court-authorized notice to potential plaintiffs of a suit alleging the employer had a practice of not paying nonexempt employees for all hours worked, including overtime hours, where CSRs were required to boot-up, login, and shutdown computers without compensation; FLSA collective (Wilfong v. TTEC Services Corp., No. 1:24-cv-01076-CNS-KAS (D. Colo. Feb. 21, 2025)).

Servers and bartenders at a restaurant were granted a motion to certify a collective action and issue notice of an FLSA suit alleging employees were required to participate in a tip pool not limited to regularly tipped employees, pay for mandatory uniforms, and perform nontipped work; FLSA collective (Stringer v. Big Texan Steak Ranch, Inc., No. 2:23-CV-181-Z-BR (N.D. Tex. Feb. 27. 2025)).

Nurse practitioners and medical assistants for a health services company were granted a motion for court-supervised notice of an FLSA collective action alleging overtime claims; FLSA collective (Taylor v. Internal Health and Medical Services, LLC, No. 2:23-cv-02663-SHL-cgc (W.D. Tenn. Feb. 27, 2025)).

Bakery distribution drivers alleged their employer misclassified drivers as independent contractors and failed to pay regular and overtime wages; FLSA collective (Salgado v. Flowers Foods Inc., CV-22-00420-TUC-JGZ (D. Ariz. Feb. 28, 2025)).

Cases: WageHour ClassActions WorkingTime Overtime MinimumWage EmployeeStatus