The Sixth Circuit will soon tell us whether it will follow the Fifth Circuit’s lead in Swales v. KLLM Transport Services LLC and adopt a more exacting, one-stage certification approach for Fair Labor Standards Act collective...more
Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by...more
The Fifth Circuit recently became the first federal court of appeals to hold that employees who signed arbitration agreements should not receive notice of collective actions. This case of first impression among the courts of...more
After winning the World Cup on Sunday with a thrilling 2-0 victory over the Netherlands, the U.S. women’s national soccer team laid claim to being the best women’s soccer team in history. They celebrated their victory at the...more
7/9/2019
/ Class Action ,
Disparate Treatment ,
EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Legislative Agendas ,
Sex Discrimination ,
Soccer ,
Trump Administration ,
Wage and Hour ,
Women in Sports ,
World Cup
In Edwards v. DoorDash, Inc., No. 17-20082 (5th Cir. Apr. 25, 2018), the Fifth Circuit Court of Appeals reaffirmed its position that arbitrability of claims, including whether class or collective claims must be arbitrated...more
5/9/2018
/ Appeals ,
Arbitration ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
Misclassification ,
Wage and Hour
A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime...more
A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more
9/15/2015
/ Civil Rights Act ,
Class Action ,
Class Certification ,
Collective Actions ,
Disparate Impact ,
Equal Pay ,
Equal Pay Act ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FRCP 23 ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Motion to Dismiss ,
Pay Discrimination ,
Sexual Harassment ,
Title VII ,
Wage and Hour
A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in decertifying disparate treatment and disparate impact claims challenging promotion...more