FLSA, Class Certification | JD Supra Law News

The Case for Wage & Hour Training

by NAVEX Global on 5/21/2013

Employees today are 10 times more likely to file a wage-law class-action lawsuit than one based on discrimination or harassment. Effective wage-and hour training is an organization's best weapon in preventing and defending...more

Legal Alert: Supreme Court Lends Support To Strategy For Curtailing Wage And Hour Collective Actions

by Shane Munoz | FordHarrison on 4/18/2013

On April 16, 2013, the Supreme Court issued a decision that makes it easier for employers to limit the scope of wage and hour "collective actions." In Genesis Healthcare Corp. v. Symczyk (Apr. 16, 2013), the Court held that...more

FLSA Class Actions: Recent Seventh Circuit Decision Points To Merger Of Certification Standards

by Kevin McGinty | Mintz Levin - Employment, Labor & Benefits on 4/10/2013

A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the...more

UniTek Argues $3.8M FLSA Award Cannot Stand in Light of Seventh Circuit Decertification Decision

by S. Jeanine Conley | BakerHostetler on 3/29/2013

In a recent motion filed in Monroe v. FTS USA, LLC, No. 2:08-cv-02100 (D.E. 441-1), defendants Unitek USA, LLC and its subsidiary, FTS USA, LLC, (collectively “UniTek”) asserted that a $3.8 million judgment awarded to a class...more

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

by Mark Batten | Proskauer - Class & Collective Actions on 3/6/2013

We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after...more

Missouri Court Denies Conditional Certification Of Off-The-Clock Case

by Greg Mersol | BakerHostetler on 2/25/2013

In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend...more

Seventh Circuit Rejects Class Trial By [Un]Representative Sample

by Rodger Eckelberry | Foley & Lardner LLP on 2/19/2013

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

Seventh Circuit Addresses FLSA Class Certification Standards

by Dean Razavi, Bruce Sabados | Katten Muchin Rosenman LLP on 2/19/2013

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

Ohio District Court Denies Conditional Certification In FLSA Case

by Greg Mersol | BakerHostetler on 2/18/2013

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

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

by Sara Dionne, Shannon Seekao, Julie Totten | Orrick - Global Employment Law Group on 2/13/2013

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

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

by Greg Mersol | BakerHostetler on 2/12/2013

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

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

by Laurent Badoux, Kathryn Siegel, Adam Wit | Littler on 2/12/2013

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

Seventh Circuit Holds That Individualized Damages Preclude Certification

by Mark Batten | Proskauer - Class & Collective Actions on 2/7/2013

On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification...more

Court Denies Conditional Certification of Class of Debt Collectors

by Greg Mersol | BakerHostetler on 12/17/2012

If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more...more

Eastern District Of New York Approves FLSA Notice That Includes Plaintiff’s Law Firm’s Website

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2012

Kemper v. Westbury Operating Corp., 12-cv-0895 (E.D.N.Y. Oct. 18, 2012): The plaintiff, a former housekeeper, alleged that the defendant failed to pay overtime in violation of the Fair Labor Standards Act (FLSA) and New York...more

Court Denies Conditional Certification of Proposed Class of Retail Representatives

by Greg Mersol | BakerHostetler on 12/1/2012

We’ve written several times in the past about the two-step procedure now in vogue for the handling certification of collective actions under section 16(b) of the FLSA....more

An Employer’s Attention to Time Record Detail May Thwart Collective Action Claims

by Tracey T. Barbaree | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Collective action claims under the Fair Labor Standards Act (FLSA) remain the most popular filing in federal courts, due in large part to the fairly lenient standard applied by courts to determine whether the claims should be...more

Third Circuit Clarifies Standard For Final Certification Of FLSA Collective Actions

by Jocelyn A. Merced, Evan J. Shenkman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2012

In Zavala v. Wal-Mart Stores, Inc., 2012 WL 3217522 (3d Cir. August 9, 2012), the Third Circuit Court of Appeals clarified the standard for final certification of a collective action under the Fair Labor Standards Act (FLSA),...more

Conditional Certification Of FLSA Misclassification Claim Denied By New Jersey District Court To Putative Class Of Assistant Store...

by Mark Diana, Ryan T. Warden | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/16/2012

In Harriel v. Wal-Mart Stores, Inc., No. 11-2510 (MLC), 2012 U.S. Dist. LEXIS 97527, (D.N.J. July 13, 2012), the District Court of New Jersey denied the plaintiff’s motion for conditional certification as an FLSA collective...more

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FLSA › Class Certification