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Decertify Fair Labor Standards Act (FLSA)

Seyfarth Shaw LLP

Class Certification Trends For 2016

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Seyfarth Synopsis: This is the fifth installment of our blog series on key trends for workplace class action litigation in 2016. In terms of the sheer number of rulings, a significant trend saw wage & hour class action and...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Opt Ins are Out (of Luck) Appealing Decertification

Seyfarth Shaw LLP on

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

Bradley Arant Boult Cummings LLP

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

BakerHostetler

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

BakerHostetler on

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

BakerHostetler

Federal Court Decertifies Wisconsin FLSA Class Of Meat Processing "Kill Department" And "Boning Department" Employees

BakerHostetler on

We have blogged a number of cases in which courts have conditionally certified FLSA actions, only to later decertify them when the specter of trial begins to loom....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beneath the Radar: The Seventh Circuit Quietly Overhauls FLSA Collective Action Litigation

With a few casual sentences, the Seventh Circuit Court of Appeals has called into question the standards used by most district courts for the past three decades to certify collective actions under the Fair Labor Standards Act...more

Foley & Lardner LLP

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

Foley & Lardner LLP on

In Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. Feb. 4, 2013), in a combined collective/class action asserting claims under the Fair Labor Standards Act and state law, three satellite installation technicians...more

Katten Muchin Rosenman LLP

Seventh Circuit Addresses FLSA Class Certification Standards

The US Court of Appeals for the Seventh Circuit has held that the same standards governing Rule 23 class certification claims apply to wage-and-hour “collective action” claims brought under the Fair Labor Standards Act...more

Orrick - Employment Law and Litigation

Seventh Circuit Holds That FLSA and Rule 23 Certification Standards Are the Same and Affirms Denial of Certification Based on Lack...

A recent opinion by the Seventh Circuit holds that the standard for certifying a collective action under the FLSA is the same as the standard applied to a class action under Rule 23....more

BakerHostetler

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

BakerHostetler on

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

Littler

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

Littler on

In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and...more

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