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 Judge Denies Motion to Dismiss and Grants FLSA Conditional Certification in Lieutenant’s Suit for Overtime
Ty Frankel Ty Frankel

Judge Denies Motion to Dismiss and Grants FLSA Conditional Certification in Lieutenant’s Suit for Overtime

In a case brought by the lawyers at Frankel Syverson PLLC, a Judge in the District of Arizona denied Maricopa County’s Motion to Dismiss a lawsuit filed by a Patrol Lieutenant seeking unpaid overtime. The Judge also ruled that the case was conditionally certified as an FLSA collective action, so that Notice could go out to the Patrol Lieutenants who comprise the collective giving them a chance to join the case.

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Layoffs and the 60-day Notice Requirement under the WARN Act
Laurie SantaLucia Laurie SantaLucia

Layoffs and the 60-day Notice Requirement under the WARN Act

The Worker Adjustment and Retraining Notification Act (the WARN Act) requires many employers to provide advance notice to employees before they are laid off or they may owe penalties to the employees who were laid off if they fail to provide the required notice.

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Salaried Doesn’t Necessarily Mean Exempt from Overtime
Laurie SantaLucia Laurie SantaLucia

Salaried Doesn’t Necessarily Mean Exempt from Overtime

Many employees who are salaried may not actually be exempt from overtime, and it is your job duties, not your title, that matters. Speaking with an attorney experienced in wage and hour law about the duties that you actually perform when you complete your job is the most effective way to determine if you have been properly classified as exempt from overtime. If you primarily complete duties typical of the workers who perform routine labor for your organization, you likely are entitled to overtime even if you are paid a salary.

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