Gilbert Brosky

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Another Federal Court Decertifies FLSA Collective Action of Hospital Workers Challenging Auto-Deduct Policy

Courts continue to recognize that the use of an automatic meal deduction policy, without more, is not enough for plaintiffs to prevail on a FLSA collective action. In this instance, the plaintiffs were current and former healthcare employees of St. Mary Medical Center who were subject to an automatic 30 minute meal period deduction which, … Continue Reading

Federal Court in New York Decertifies FLSA Collective Action of 1,000 Hospital Workers Challenging Auto-Deduct Policy

Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies. A recent case, arising out of the Eastern District of New York, a jurisdiction that generally has been friendly to plaintiffs in this arena, suggests that such claims may ultimately fail. In … Continue Reading
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