Greg Mersol

Greg Mersol


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Latest Posts › Collective Actions


Sixth Circuit Grants Summary Judgment as to Class, Based on FLSA Agriculture Exemption

Is the saying “fish or cut bait” dead? If you are ever in need of sleep, pull out your copy of the U.S. Code and traipse through the exemptions contained in section 13 of the FLSA, 29 U.S.C. § 213. We’re all familiar with the...more

10/6/2015 - Agricultural Workers Class Action Collective Actions Exempt-Employees Exemptions Farms Fishing Industry FLSA

Eleventh Circuit Rejects DOL Test in Internship Collective Action

It is almost an axiom that the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., passed in 1938, is out of date. Despite modest tweaks since the time it was enacted, a particularly dark time in the Great Depression, it is...more

9/25/2015 - Collective Actions DOL Employee Training FLSA Internships Misclassification Nurses SCOTUS Unpaid Interns Wage and Hour

New York District Court Denies Conditional Certification of Second FLSA Collective Action

Because of the low standard employed by many courts, decisions denying conditional certification in FLSA cases are generally in the minority, but some careful courts will continue to make such decisions. A recent case is...more

8/28/2015 - Class Action Collective Actions FLSA Human Resources Professionals Lowe's Putative Class Actions Settlement Agreements

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more

6/11/2015 - Calculation of Damages Certiorari Class Action Class Certification Collective Actions Damages Employer Liability Issues Federal Rules of Civil Procedure FLSA Rule 23(b)(3) SCOTUS Tyson Foods Tyson Foods v Bouaphakeo Wage and Hour

California District Court Disqualifies Class Counsel for Conflict of Interest

Is more of a good thing a better thing? In some contexts, not, as reflected by a recent case from the Northern District of California. In Lou v. Ma Laboratories, Inc., Case No. C 12-05409 WHA (N.D. Cal. Jan. 8, 2014), the...more

1/15/2014 - Class Action Collective Actions Conflicts of Interest Disqualification Putative Class Actions

Third Circuit Finds That Putative Class Representatives Could Not Challenge Decertification Of An FLSA Collective Action Once They...

While the now familiar two-step process for determining certification of FLSA collective actions may have been introduced based on valid concerns, it is increasingly vexing for employers in cases where they have either done...more

9/9/2013 - Class Action Class Certification Class Representatives Collective Actions Decertify Dismissals Employer Liability Issues FLSA

California District Court Compels Arbitration of Class and Collective Wage and Hour Claims

Dorothy Gale famously remarked upon finding herself in Oz “Toto, I’ve got a feeling we’re not in Kansas anymore.” Class action wage and hour plaintiffs on the west coast are now awakening to the fact that while they may still...more

7/12/2013 - American Express American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Collective Actions Collective Bargaining Employer Liability Issues Ernst & Young FLSA NLRB SCOTUS Wage and Hour

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

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