According to a federal judge in California, the answer is "Yes." Judge Wilken of the U.S. District Court for the Northern District of California issued a summary judgment ruling on October 16, 2009 holding that temporary employees of Kelly Services were owed overtime for time spent in interviews for job placement. The rationale for the decision included findings that Kelly arranged the interviews, helped the applicants prepare for the interviews, and debriefed them afterwards. The judge rejected Kelly's arguments that the interviews were purely voluntary, and for the benefit ...
A conflict is brewing in the federal courts over whether a defendant's offer to settle a collective action FLSA case for full relief can moot the case and effectively deprive the court of jurisdiction. Plaintiff's lawyers view this tactic as a trick aimed at "picking off" class members to avoid a larger suit, while defendants argue that the courts should not be used to stir up litigation once a party's claim has been fully satisfied. Put simply, why continue a lawsuit once the plaintiff has won everything he or she could collect?
In a recent decision out of North Carolina, a federal judge has ...
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