Gilbert Brosky

Gilbert Brosky

BakerHostetler

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Ohio District Judges Puts an End to Nationwide FLSA Collective Action Brought Against Lowe’s

While we have occasionally bemoaned the lenient conditional certification standard in FLSA collective actions, as the recent case of Triggs v. Lowe’s Home Centers, Inc., No. 1:13-cv-1897 (N.D. Ohio Aug. 19, 2014) shows, not...more

11/7/2014 - Class Action Class Certification Collective Actions FLSA Lowes

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

We have previously discussed that, while medical providers have become a common target of plaintiffs asserting wage and hour claims arising out of so-called “auto-deduct” policies, more and more courts are realizing that the...more

10/17/2014 - Auto-Deduct Policy Collective Actions FLSA Healthcare Professionals Hospitals Wage and Hour Wages

Federal Courts Continue To Find Claims Adjusters Exempt

We have previously discussed how, over the past 10+ years, courts have increasingly recognized that insurance claims adjusters are exempt under the Fair Labor Standards Act (FLSA). The recent cases of Estrada v. Maguire Ins....more

7/2/2014 - Auto Insurance Claims Adjusters Exempt-Employees FLSA Property Insurance

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...more

6/24/2014 - Data Collection FLSA Healthcare Healthcare Professionals Hospitals

Massachusetts Supreme Court Enforces Class Action Arbitration Waiver

Eight days prior to the Supreme Court’s decision in American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013) (“AMEX”) (which we blogged here), the Massachusetts Judicial Court held that the Federal Arbitration...more

8/5/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Federal Court Decertifies Wisconsin FLSA Class Of Meat Processing "Kill Department" And "Boning Department" Employees

We have blogged a number of cases in which courts have conditionally certified FLSA actions, only to later decertify them when the specter of trial begins to loom....more

7/24/2013 - Class Action Class Certification Collective Actions Decertify Employer Liability Issues FLSA Trials

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