News & Analysis as of

Class Certification Rest and Meal Break Decertify

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

Seyfarth Shaw LLP

Courts to Consider Theories, Not Facts, on Certification

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more

Littler

Brinker Redux: California Superior Court Certifies Meal Break Class And Denies Decertification Of Rest Period Class

Littler on

After the tortuous appellate process that finally resulted in the seminal California Supreme Court Brinker Restaurant Corporation1 decision defining the legal duty to provide a meal period and authorize rest breaks, you might...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

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

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