News & Analysis as of

Fair Labor Standards Act (FLSA) Class Certification Minimum Wage

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

ArentFox Schiff on

The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

BakerHostetler

Florida District Court Denies Conditional Certification in ‘Tip Credit’ Case

BakerHostetler on

Tip credit issues are inherently difficult. Section 3(m) of the Fair Labor Standards Act permits an employer to count tips toward a portion of a tipped employee’s wages to meet the minimum wage (and in some instances...more

Saul Ewing LLP

Courts Sanctions Defense for Ex-Parte Communications With Potential Class Members

Saul Ewing LLP on

On March 4, 2019, a federal court sanctioned a company for interviewing warehouse workers to obtain declarations in support of its opposition to an FLSA opt-in collective and PA Minimum Wage Act class action certification...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Seyfarth Shaw LLP

New York Court Delivers Denial Of Certification In Papa John’s Drivers’ Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: A New York federal court in Durling, et al. v. Papa John’s International, Inc., Case No. 7:16-CV-03592 (CS) (JCM) (S.D.N.Y. Mar. 29, 2017), recently denied Plaintiffs’ motion for conditional certification...more

Seyfarth Shaw LLP

Northern District of California “Shuts Out” Minor League Ballplayers’ Experts

Seyfarth Shaw LLP on

Minor league baseball players took a swing at class certification, and they missed—badly. In Senne v. Kansas City Royals Baseball Corp., et al., minor league baseball players across the country asserted wage and hour...more

Alston & Bird

Class Action Roundup: Winter 2016

Alston & Bird on

Where the (Class) Action Is - This issue of Roundup wraps up 2015 with another slate of interesting cases spanning industries and subject matter. The running theme of ascertainability is now stretching into antitrust...more

BakerHostetler

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

BakerHostetler on

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

Mintz - Employment, Labor & Benefits...

Putative Class Members Not Lovin’ It – Court Denies Conditional Certification of Supersized McDonald’s FLSA Class of More Than...

McDonald’s, the fast food giant known for supersizing its orders, avoided conditional certification of an FLSA collective action this week based on the “very large” size of the putative class. The Eastern District of Michigan...more

Bracewell LLP

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Bracewell LLP on

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

Baker Donelson

More Rulings Coming on Legality of Intern Programs

Baker Donelson on

In recent years, a wave of lawsuits brought by unpaid interns seeking compensation for their work has spurred businesses to take a hard look at their internship programs to ensure they are compliant with federal and state...more

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

New York City Council Expands Protection Against Pregnancy Discrimination

On September 24, 2013, the New York City Council unanimously passed an amendment to the New York City Human Rights Law (NYCHRL) that expands prohibited discrimination in employment based on pregnancy, childbirth, or a related...more

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