Monthly Archives: April 2013

Successor Liability Found for FLSA Overtime Claim After Asset Purchase

In March 2013, the Seventh Circuit held in Teed, et. al. v. Thomas & Betts Power Solutions, L.L.C, that a buyer of a prior company’s assets could be liable for FLSA overtime claims asserted against the predecessor.  A company seeking to assume another business commonly will “buy the assets” of a defunct or insolvent company in [...]

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Picking Off Lead Plaintiff Ends FLSA Collective Action

Under the Fair Labor Standards Act (“FLSA”) collective actions for unpaid overtime are treated differently than typical “class” actions.  In an FLSA suit, a plaintiff can sue individually and on behalf of similarly situated employees.  However, other plaintiffs must affirmatively consent to join the case, which is different that the “opt out” procedures of Rule [...]

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