Successful Defense Against Collective Action Filed

Ethan O’Shea, Chair of the HRMM&L Employment Group, recently defended a small service company in a collective action filed by a group of former employees in federal court under the Fair Labor Standards Act for alleged unpaid overtime wages. Mr. O’Shea counseled his client with regard to the requirements of the FLSA, and specifically the Motor Carrier exemption, and was able to successfully negotiate a favorable settlement before the court could certify a collective action and before significant legal fees were incurred litigating the case. During the course of his representation Mr. O’Shea also counseled the employer with regard to various employee classification issues in order to avoid future legal entanglements.

Questions Every Business Must Ask

Q. Has your business recently reviewed its legal structure to determine whether it is set up in the most advantageous manner for legal and tax purposes, considering recent developments and changes in the law?

Q. Do the owners of your business have a current, updated buy-sell agreement which controls how ownership interests in the business are to be transferred in the event of an owner’s death, disability or termination of employment?

Q. Have the owners of your business developed a succession plan to define how ownership and authority will transition upon the death or retirement of the present owners?

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Non-Compete Covenants in Pennsylvania

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