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Greg Mersol

Greg Mersol

BakerHostetler


Latest Posts › Class Action

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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

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

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

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

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 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

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 Denies Conditional Certification of Proposed Class of Retail Representatives

We’ve written several times in the past about the two-step procedure now in vogue for the handling certification of collective actions under section 16(b) of the FLSA....more

12/1/2012 - Class Action Class Certification FLSA Retail Market

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