Retaliation Sometimes Follows FLSA Lawsuit Filing—It Shouldn’t!

I am always telling clients who are sued in FLSA actions not to take any actions against employees who may still be working for them (which, admittedly, is not the case very often) because that will make things dramatically worse.  Well, it appears that HBO may not be heeding this admonition because production assistants who joined FLSA collective and state class actions have alleged that the company is taking actions against them for joining those suits.  The case is entitled Sapia et al. v. Home Box Office Inc. and was filed in federal court in the Southern District of New York. The company had settled suits based on a theory that it did not pay parking production assistants properly for their hours, i.e. work hours, spent holding spaces for large productions like “Girls” and “Vinyl.”  The company allegedly retaliated against employees who opted into the cases by asking them to sign agreements that they would drop out of the litigation…

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