In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other...more
In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it lacked jurisdiction over...more
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers using data analytics, including the following...more
In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class...more
2/28/2019
/ Class Action ,
Class Certification ,
Collective Actions ,
Corporate Counsel ,
Decertification ,
Equitable Tolling ,
Federal Rules of Civil Procedure ,
Filing Deadlines ,
FRCP 23(f) ,
Interlocutory Appeals ,
Leave to Appeal ,
Motion for Reconsideration ,
Nutraceutical Corp v Lambert ,
SCOTUS
Are you my employee?
Ayanna is working as an IT consultant at Globo Worldwide, part of a large team brought on to assist the e-commerce company in updating its website and email servers for EU General Data Protection...more
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: -
Are you my employer?
A...more
12/13/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Sex Discrimination ,
Sexual Harassment ,
Unpaid Interns ,
Wage and Hour
ABC Discount Superstores prides itself on undercutting any competitor’s prices— and on the diversity of its workforce. Always on the cutting edge, the company was among the first in the retail industry to embrace online...more
8/14/2018
/ ABC Test ,
ADEA ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Criminal Background Checks ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
Misclassification ,
OFCCP ,
Over-Time ,
Pay Discrimination ,
Wage and Hour
Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth...more