Collective Actions

News & Analysis as of

Supreme Court Holds That Unaccepted Offer of Judgement Does Not Moot Class Action

As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On...more

Lifting the Weight: Conditional Certification Denied for Personal Trainers Claiming Off-the-Clock Work

Last week, a federal judge in the Northern District of Illinois lifted the weight of collective action certification off Life Time Fitness, Inc. and refused to certify a proposed collective of more than 6,000 personal...more

The Board vs. the Courts: Will 2016 mark the final showdown for class action waivers in arbitration agreements?

Arbitration agreements are practical tools that help employers protect confidential information and avoid the costs associated with traditional litigation. They can also be an extremely effective mechanism for employers to...more

"Class Action Waivers: Are They Enforceable?"

Class action waivers in arbitration agreements continue to occupy the attention of the National Labor Relations Board (NLRB), and uncertainty in this area of law raises ongoing concerns for employers. In D.R. Horton, Inc.,...more

Murphy Oil USA v. NLRB: The Fifth Circuit and the NLRB Remain in Disagreement Over Arbitration Agreements that include Class and...

If persistence is what you want from the NLRB, then you are probably happy with the Board’s recent ruling on Murphy Oil USA’s class and collective action waivers. In case you missed it, the NLRB held that employment...more

The UK Consumer Rights Act 2015: A New Advance in Private Antitrust Enforcement

On 1 October 2015 the UK Consumer Rights Act 2015 (CRA 2015) entered into force, bringing with it a raft of changes pertaining to consumer protection law and competition law litigation. These changes were discussed in an...more

Labor & Employment E-Note - December 2015

Howard Bogard, Chair of Burr's Health Care Practice Group, outlines his top ten 2015 health care developments for Alabama providers in his annual "Health Care Year In Review” article for the Birmingham Medical News....more

Federal Court in Illinois Finds No Overtime Due to Police For Off-Duty Use of BlackBerrys

The U.S. District Court for the Northern District of Illinois ruled in the City of Chicago’s favor on December 10, 2015, denying police officers’ claims that they were owed overtime pay for their off-duty use of work-issued...more

The Debate Intensifies on the Best Strategy to Recover Foreign Securities Losses

Recent doubts have been raised as to the effectiveness of Dutch Foundations, which have become an important vehicle in foreign recoveries. While Dutch Foundations have negotiated settlements in some situations, some foreign...more

So What About Those “BlackBerry Claims” We’ve Been Worried About?

BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon. On Thursday, a judge in the Northern District of...more

Double the Pain: DOL Now Assessing Liquidated Damages for Overtime Violations

For some time now, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has been taking a progressively more aggressive approach to wage and hour compliance, marked by increased staffing/resources and more frequent...more

Permissive Interlocutory Appeals and Collective-Action Certification

In an article published on Nov. 27, 2015 in Bloomberg BNA’s Class Action Litigation Report, E. Travis Ramey discusses collective action, which is the representative mass litigation procedure available to parties litigating...more

Third Circuit Adopts New Test for Determining Whether Meal Breaks Are Compensable

On November 24, 2015, a divided U.S. Court of Appeals for the Third Circuit found that the “predominant benefit” test should be applied when determining whether mealtime breaks constitute compensable time under the Fair Labor...more

Meal Break Win in Third Circuit Gives Employers Reason to Be Thankful for More Than Thanksgiving Meals

Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more

Third Circuit: Meal Breaks For Employees' "Predominant Benefit" Are Not Worktime

The Third Circuit U.S. Court of Appeals (with jurisdiction over Delaware, New Jersey, and Pennsylvania) has ruled in Babcock v. Butler County that employees who receive the "predominant benefit" of a meal break are not...more

United States Supreme Court Hears Argument in Tyson Foods' FLSA Collective Action

On November 10, 2015, the United States Supreme Court heard argument in Tyson Foods v. Bouphakeo, a case that has the potential to reshape the contours of when employees may bring class claims against their employer. Tyson is...more

Per Diems and the Regular Rate of Pay: What to Know for Your Overtime Calculation

The United States District Court for the Northern District of Oklahoma in Sharp v. CGG Land (U.S.) Inc., No. 14-cv-0614 (October 19, 2015), recently ruled in favor of an employer that had excluded per diem payments from a...more

ELL SCOTUS Series # 3 – Tyson Foods Inc. v. Bouaphakeo

In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action...more

“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim

Arbitration is having its 15 minutes of fame. Thanks to a series in the New York Times, my inbox is full of links to the articles, questions about the information, and fascinating commentary. [Next time I am in Oakland, I...more

Fifth Circuit Stands Pat, Again Rejects NLRB Attempt To Void Class And Collective Action Waiver

As expected, the Fifth Circuit once again has rejected the NLRB’s highly controversial position that the National Labor Relations Act (“NLRA”) prohibits employers from requiring mandatory arbitration agreements that preclude...more

The California Fair Pay Act

California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

U.S. Supreme Court Ponders Whether an Unaccepted Rule 68 Offer Can Moot a Plaintiff’s Claims as It Hears Argument in Gomez

The U.S. Supreme Court heard oral argument in Campbell-Ewald Co. v. Gomez on October 14, 2015, an important case presenting the question of whether a defendant can defeat a class action by offering complete individual relief...more

Tip-Toeing Around Class Actions: Can a “No Tipping” Policy End Wage and Hour Litigation in the Hospitality Industry?

Joining a budding national trend, renowned restaurateur Danny Meyer of Union Square Hospitality Group last week announced that he will eliminate formal tipping at his restaurants starting in 2016. Meyer stated that the new...more

The Supreme Court Preview, Part I: The Court To Overhaul Class Actions?

A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the law in ways that will...more

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

191 Results
|
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×