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Age Discrimination › Collective Actions

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +
Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age.  less -
Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

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On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more

Jackson Lewis P.C.

Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

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A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act...more

Jackson Lewis P.C.

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

Jackson Lewis P.C. on

In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

Fox Rothschild LLP

Employees Working In Slaughterhouse Settle FLSA Overtime Case: When Will Employers Learn?

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It is amazing to me that employers still do not understand that there exists an inviolate obligation on their parts to pay proper overtime. It is not proper for an employer to believe that if it treats its employees “well,”...more

Seyfarth Shaw LLP

New York Federal Court Finds That A Common Policy Or Plan Is Still Critical To ADEA Collective Actions

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Seyfarth Synopsis: In Rusis, et al. v. Int’l Bus. Machines Corp., No. 18 Civ. 8434, 2020 WL 1151322, at *2 (S.D.N.Y. Mar. 10, 2020), the U.S. District Court for the Southern District of New York recently declined to...more

Seyfarth Shaw LLP

Conditional Certification Granted In ADEA Collective Action On Behalf Of All Chattanooga Volkswagen Employees Aged 50 And Over

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Seyfarth Synopsis: On June 11, 2019, in an age discrimination lawsuit, the U.S. District Court for the Eastern District of Tennessee once again demonstrated how the lenient standard that is so often applied at the conditional...more

BakerHostetler

Tennessee District Court Conditionally Certifies ADEA Collective Action

BakerHostetler on

Connecting the dots will likely be a problem down the road . . . The overwhelming majority of employment class or collective actions today are wage and hour matters....more

Seyfarth Shaw LLP

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

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Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Seyfarth Shaw LLP

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

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Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Seyfarth Shaw LLP

Court Curtails Relief For Age Discrimination Collective Action Litigation

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Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”). In a ruling on April 26, 2016, in K.H., et al., v....more

Burr & Forman

Permissive Interlocutory Appeals and Collective-Action Certification

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In an article published on Nov. 27, 2015 in Bloomberg BNA’s Class Action Litigation Report, E. Travis Ramey discusses collective action, which is the representative mass litigation procedure available to parties litigating...more

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