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Class Certification FRCP 23 Fair Labor Standards Act (FLSA)

BakerHostetler

10th Circuit Reverses Class Certification in Claimed Off-the-Clock Case

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Court also holds that arbitrability questions must be resolved by the arbitrator - The 10th Circuit has decided two significant issues in an otherwise garden-variety off-the-clock case, one relating to arbitration and the...more

Bradley Arant Boult Cummings LLP

You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s...

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more

Seyfarth Shaw LLP

Third Circuit Puts The Kibosh on Hybrid Hijinks

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Seyfarth Synopsis: Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims under Rule 23 and collective action certification under the FLSA. In that...more

Seyfarth Shaw LLP

No More Two-Step in Texas (and Beyond): the Fifth Circuit Rejects the Two-Stage Lusardi Approach to Conditional Certification in...

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Seyfarth Synopsis: In an important decision for employers, the Fifth Circuit Court of Appeals rejected the all-too lenient but commonly accepted Lusardi standard for conditional certification under the FLSA. In its place, the...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

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Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Alston & Bird

Class Action & MDL Roundup: Spring 2019

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Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2019. There was a veritable traffic jam in the courts for the automotive industry. Manufacturers saw...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2019

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Are you my employee? Ayanna is working as an IT consultant at Globo Worldwide, part of a large team brought on to assist the e-commerce company in updating its website and email servers for EU General Data Protection...more

Littler

Third Circuit Reverses Class Certification of Unpaid Overtime Claims in Off-The-Clock Lawsuit

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In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were...more

Fox Rothschild LLP

Third Circuit Rules On Two Class Actions In Same Decision And Opines On Doctrine Of Pendant Jurisdiction

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In a very interesting and off-beat decision, the Third Circuit has thrown out one class of loan officers who alleged misclassification but let stand the lower court’s decision that certified the case as a collective action...more

Seyfarth Shaw LLP

15th Annual Workplace Class Action Litigation Report

Seyfarth Shaw LLP on

Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more

BakerHostetler

Third Circuit Reverses Rule 23 Certification in ‘Off the Clock’ Case

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Ruling also touches upon FLSA conditional certification order - Many wage and hour cases filed today try to name popular targets and to rely upon tried and true allegations....more

Jackson Lewis P.C.

Criticizing Lower Court, Third Circuit Reverses Class Certification In Suit Alleging Pay Violations

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A three-judge panel of the Third Circuit has struck down U.S. District Judge Arthur J. Schwab’s decision granting class certification in a suit brought by mortgage loan officers claiming they were denied overtime pay by their...more

Bradley Arant Boult Cummings LLP

Bristol-Myers Squibb Continues to Be a Mixed Bag in the Class Action Context

Courts are still going both ways on applying Bristol-Myers Squibb to class actions. Two recent decisions highlight this split. The first—and we’ll always start with the good news—comes out of the District of Massachusetts...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Seyfarth Shaw LLP

What Do Sushi and Burritos Have in Common? Second Circuit Ready to Sample Tasty Wage-Hour Procedural Issues

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Seyfarth Synopsis: The Second Circuit will soon decide key issues for FLSA practitioners: whether settlements pursuant to an Offer of Judgment are subject to court review and approval, and whether the standards for final...more

BakerHostetler

Supreme Court Limits Review Of Certification Denials

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One of the difficulties of class action litigation that continues to vex employers is the frequent inability to obtain meaningful review of certification decisions. Because, the reasoning goes, certification orders are...more

Jackson Lewis P.C.

Judge Decertifies Class Based on Plaintiffs’ Differing Accounts of Their Responsibilities

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Those who follow developments in wage and hour class actions know that challenges to the exempt status of assistant managers are quite common. Such cases often hinge on a detailed analysis of the actual job duties...more

BakerHostetler

2016 Class Action Year-End Review

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We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

Alston & Bird

Class Action Roundup: Winter 2017

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Welcome to the latest edition of Class Action Roundup, covering the fourth quarter of 2016. As has been the case throughout the year, class actions continue to play a key role in courtrooms across the...more

Seyfarth Shaw LLP

The Story Behind Class Certification Statistics In 2016 And What It Means For Employers

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In the third post of our series on workplace class action issues, this blog posting focuses on the statistical study of class certification rulings throughout the Unites States in 2016. Not unlike real estate, location – in...more

BakerHostetler

Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel

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A recent case reflects that some courts will look not only to the presence or absence of conflicts or litigation misconduct but also to the plaintiffs’ counsel’s experience in other class action cases. In Goers v. L.A....more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Jackson Walker

Class Action Report - October 2016

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As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more

BakerHostetler

New York District Court Grants Summary Judgment for Employer in Gawker Intern Case

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Litigation Over Interns Dries Up Internship Opportunities - The natural and probable consequence of litigation over unpaid internships was that such opportunities would disappear because the risk of litigation for even...more

Littler

Sixth Circuit Refuses to Apply Stricter FLSA Collective Action Certification Standard

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In concluding that the proper standard for certifying Fair Labor Standards Act (FLSA) collective actions is whether the plaintiffs are "similarly situated," the U.S. Court of Appeals for the Sixth Circuit ruled on March 2,...more

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