While winning at trial is indeed something to be celebrated, it is rarely the end of the story. As we have encountered many sordid tales of the difficulties and frustrations encountered in collecting on judgments, if you are given the choice of entering into litigation, you should consider not only that you may lose at trial but that you may fail to collect even if you win at trial.
Collecting Judgments
Exempt or Not Exempt--That is the Question
Whether an employee is exempt or non-exempt refers to whether or not the employee is exempt from the overtime requirements imposed by the Fair Labor Standards Act ("FLSA"). The FLSA requires that certain employees receive overtime pay for working more than forty hours per week. That's the general rule, but what are the exceptions that give rise to these exemptions?
Recovering Attorney Fees
One of the most frequently asked questions in legal disputes is whether someone has the right to seek and recover their attorney fees. As attorney fees can be a significant expense for plaintiffs and defendants alike, this is indeed an important question.
