Conditional Certification

News & Analysis as of

New York Federal Court Conditionally Certifies $100 Million Pay Discrimination Collective Action Against Pharmaceutical Company

A group of female sales representatives alleging sex-based pay discrimination claims against their employer under the federal Equal Pay Act cleared an initial, but significant, hurdle last week when the Southern District of...more

Doing the “Two Step”: Court Grants Stage One Conditional Certification Of EPA Collective Action

In a case we previously blogged about here where the Court refused to grant Plaintiffs’ request for equitable tolling on their claims under the Equal Pay Act (“EPA”), Magistrate Judge Michael Dolinger recently issued a...more

Worth the Fight: Conditional Certification of FLSA Collective Actions is Not Automatic

Conventional wisdom holds that courts reflexively grant motions for conditional certification in Fair Labor Standards Act (“FLSA”) collective actions. As a result, some employers do not even oppose these motions. They are...more

Court Partially Dismisses and Denies Conditional Certification In Tip-Credit Case

Anyone who has dined at a restaurant is aware of the importance of tipping, even if the exact rules, like the percentage and how it should be calculated, may be a bit fuzzy at times. From the standpoint of the restaurant,...more

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

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