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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

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

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

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

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

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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