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Pennsylvania District Court Denies Certification Of Off-The-Clock Case (Again)

“If at first you don’t succeed, try, try, again,” or so the adage goes. A recent case suggests that may not always be the right strategy or, more apropos to this blog, that off-the-clock cases make poor fodder for class...more

6/7/2013 - Class Action Class Certification Off-The-Clock Rest and Meal Break Wage and Hour

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more

6/1/2013 - Class Action Commonality Discrimination Disparate Impact Dukes v Wal-Mart EEOC Hiring & Firing Predominance Requirement Rule 23(b)(2) Sex Discrimination Summary Judgment Title VII

Court Partially Dismisses and Denies Conditional Certification In Tip-Credit Case

Anyone who has dined at a restaurant is aware of the importance of tipping, even if the exact rules, like the percentage and how it should be calculated, may be a bit fuzzy at times. From the standpoint of the restaurant,...more

5/23/2013 - Conditional Certification FLSA Tip Credit Wages

California Courts Issue Multiple Decisions for Employers in Class Cases

Just two years ago, a California case declining certification of an action would have been cause for comment. But since then, in 2011 the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541...more

5/17/2013 - Class Action Class Certification Rule 23

Court Refuses To Certify Class of Unpaid Student Interns

Student internships can provide worthwhile benefits to the students involved, who gain experience, contacts, and accomplishments to place on their resumes. Employers, too, can benefit from the work and insight of the intern,...more

5/13/2013

Pennsylvania Court Denies Certification Of Disability Discrimination Claims

In the vast majority of discrimination cases, there is little dispute over whether the plaintiff is actually in a protected group. For example, in sex discrimination cases, for the most part, they are either male or female;...more

4/30/2013 - ADA ADAAA Class Action Class Certification Disability Disability Discrimination

United States Supreme Court Confirms that a Timely and Properly Worded Offer of Judgment May Moot a Collective Action

Last week, the United States Supreme Court confirmed what we informed readers of in our Employment Class Action Blog on February 21, 2011, "A timely and properly worded offer of judgment may moot a collective action and...more

4/25/2013 - Collective Actions Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness SCOTUS Settlement

Ninth Circuit Finds Rule 23 Class Actions and FLSA Collective Actions Compatible

As we’ve noted before, circuit court authority on collective action issues is relatively sparse. Although we like to comment on such cases, the most recent such opinion is in many respects a nonevent. ...more

4/19/2013 - Class Action Collective Actions FLSA Rule 23

Supreme Court Upholds Use of Rule 68 Offers of Judgment in FLSA Collective Actions

Today the United States Supreme Court delivered an unexpected present to employers facing FLSA collective actions and held that a defendant may moot such a case by making a Rule 68 offer of judgment to the named plaintiff....more

4/19/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS

California District Court Rejects Proposed Class Action Settlement

It is axiomatic that the class action vehicle exists for the benefit of the claimants. An inherent conflict of interest may arise between the class and plaintiffs’ counsel over the issue of attorney fees, and resolution of...more

4/15/2013 - Attorney's Fees Class Action Conflicts of Interest Settlement

Sixth Circuit Affirms Defense Verdict In FLSA Case Involving Insurance Investigators

Is It Time To Deep-Six The “Administration-Production” Dichotomy? There is a very funny set of books under the title “Unuseless Japanese Inventions” by Kenji Kawakami. The books depict, in a matter-of-fact fashion, a...more

3/22/2013 - Administration-Production Dichotomy Administrative Exemption DOL FLSA Insurers

Missouri Court Denies Conditional Certification Of Off-The-Clock Case

In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend...more

2/25/2013 - Class Action Class Certification FLSA General Electric Off-The-Clock Over-Time Wage and Hour

Ohio District Court Denies Conditional Certification In FLSA Case

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

2/18/2013 - Class Action Class Certification Conditional Certification FLSA Off-The-Clock Unpaid Overtime Wage and Hour

Domino's Pizza Drivers Fail to Deliver Common Circumstances to the Eighth Circuit

Despite their work uniforms and company cars, pizza delivery drivers do not have much in common (at least according to the Eighth Circuit). Recently, in Luiken v. Domino’s Pizza, LLC, No. 12-1216, 2013 WL 399248 (8th...more

2/18/2013 - Class Action Class Certification Commonality Delivery Drivers Dominos

Ohio District Court Dismisses EEOC Suit Challenging Credit Check Policies

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training,...more

2/13/2013 - Background Checks Credit Reports Discrimination EEOC Hiring & Firing Kaplan Race Race Discrimination

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases. Under that procedure, courts will...more

2/12/2013 - Auto-Deduct Policy Class Action Class Certification Decertify FLSA Healthcare Professionals Rest and Meal Break

California Appellate Court Orders Arbitration and Rules that Claims May Not Proceed On Behalf of a Class Plaintiff in Macy's OT...

A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more

1/31/2013 - Arbitration AT&T Mobility Class Action D.R. Horton Federal Arbitration Act Gentry Macy's NLRA NLRB Over-Time Preemption Rest and Meal Break

The Debate Continues: Recent Eighth Circuit Decision Adds to the Growing Tension between Federal Courts and the NLRB Regarding the...

Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in...more

1/30/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers FLSA NLRB Owen v Bristol Care

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more

1/24/2013 - Class Action Class Certification Disparate Impact EEOC Sex Discrimination Summary Judgment Title VII

California Court Finds For Retailer After Trial Of PAGA Seating Claims

In 2004, California passed the Private Attorney General Act, more commonly known either as “PAGA” or the “sue your employer act.” PAGA permits employees to bring claims against their employer, essentially on a class basis,...more

1/7/2013 - PAGA Seating

Court Rejects EEOC Class-Wide BFOQ Challenge To Mandatory Retirement Of Pilots

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation Administration prohibited pilots over the age of 60 from flying for...more

12/31/2012 - Age Discrimination EEOC FAA Retirement Safety Precautions

Maryland Court Grants Summary Judgment In Unpaid Leave Policy Case

What do you do if you if you want to cash in on the recent flood of wage and hour class and collective actions, but the employer’s policies are actually lawful?...more

12/21/2012 - Class Action FLSA Summary Judgment Unpaid Leave Wage and Hour

Court Denies Conditional Certification of Class of Debt Collectors

If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more...more

12/17/2012 - Class Action Class Certification Debt Collectors FLSA Off-The-Clock

Courts Continue to Wrestle With Arbitration Issues

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more

12/17/2012 - American Express Arbitration Arbitration Agreements AT&T Mobility Class Action Class Action Arbitration Waivers Federal Arbitration Act Nitro-Lift Technologies Non-Compete Agreements Oxford Health Split of Authority UBS

Court of Appeal Turns Volume Down on Plaintiff in Meal Period Class Action Against RadioShack

The California Court of Appeal has maintained the recent post-Brinker trend of refusing to certify cases involving meal and rest period claims where an employer has a compliant break policy....more

12/10/2012 - Brinker Class Certification Rest and Meal Break

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