Joanna M. RodriguezBlog Posts
Criticizing Lower Court, Third Circuit Reverses Class Certification in Suit Alleging Pay ViolationsA three-judge panel of the Third Circuit has struck down U.S. District Judge Arthur J. Schwab’s decision granting class certification in a suit brought by mortgage loan officers claiming they were denied overtime pay by their employer. Reinig v. RBS Citizens, NA, No. 17-3464 (3d Cir. Dec. 31, 2018). In reversing the lower court’s Rule...… Continue ReadingJanuary 4, 2019 |
Rule 23 Amendments Awaiting Congressional ReviewThe final amendments to the Federal Civil Rules of Procedure, including amendments to Rule 23 class actions, are waiting for approval from Congress. The primary changes to Rule 23 affect the class action notice and settlement processes. The amendments acknowledge advancements in technology and the popularity of social media, while formalizing procedural and substantive notice...… Continue ReadingJuly 16, 2018 |
Pennsylvania Governor Seeks to Expand Overtime Pay to Currently Exempt EmployeesFrustrated by years of unsuccessful efforts to raise the minimum wage through the state’s Republican-controlled legislature, and in response to the recent federal court invalidation of the Obama-era DOL’s rule that would have doubled the minimum salary requirement for the executive, administrative and professional exemptions (i.e. the “white collar” exemptions) under the FLSA, Pennsylvania Governor...… Continue ReadingJanuary 22, 2018 |
General Awareness Is Not Enough for Willfulness Under the FLSAA recent decision from the Third Circuit Court of Appeals involving the nature of the evidence sufficient to create a jury question on willfulness has carved out additional guidance for employers defending against Fair Labor Standards Act (FLSA) lawsuits. Though the FLSA generally applies a two-year statute of limitations, the limitations period can be extended...… Continue ReadingOctober 24, 2017 |