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Conditional Certification Corporate Counsel

Seyfarth Shaw LLP

Eastern District of Virginia Judge Rejects Two-Step Conditional Certification Process for FLSA Collective Actions

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Seyfarth Synopsis: In what could become a trend, Judge T.S. Ellis, III recently broke with other courts in the Eastern District of Virginia when he rejected the two-step conditional certification process commonly used in FLSA...more

Epstein Becker & Green

Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions

In a provocative decision in the case known as Swales v. KLLM Transport Servs., L.L.C., No. 19-60847 (5th Cir. 2021), the U.S. Court of Appeals for the Fifth Circuit broke from the pack by upending the standard two-step...more

BakerHostetler

Florida Court Denies Conditional Certification of FLSA Case Involving Restaurant Staff

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As we’ve noted before, many courts have applied the standard for conditional certification so leniently that in places the requirement of a group of “similarly situated” employees under the FLSA has all but disappeared. So,...more

Fisher Phillips

Court Says Uber Drivers Can Proceed With National Misclassification Class Action

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A federal court judge in North Carolina last week granted permission to a group of Uber drivers challenging the company’s classification structure to band together and proceed with a class action lawsuit against the...more

BakerHostetler

Third Circuit Rejects Procedural Runarounds to Appeal Decertification of FLSA Collective Action

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We’ve written many times in this blog about the two-step procedure used by many courts in Fair Labor Standards Act (FLSA) cases in collective actions. The first step is to provide notice to the proposed class and is typically...more

Seyfarth Shaw LLP

A Fresh Take on the Horizontal Joint Employment Theory: Conditional Certification for Subway Employees Denied

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Seyfarth Synopsis: Federal court denies motion for conditional certification for a proposed class of employees working at separate Subway franchises. Earlier this year, the DOL’s Wage-Hour Division issued a...more

FordHarrison

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

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In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

BakerHostetler

District Court Denies Conditional Certification of Off-the-Clock Case Despite Bad Emails

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“As far as overtime, you (like I) can only bill a 40hr work week even though we put in like 60hrs at times.” This isn’t exactly the email you want to see if you are defending an off-the-clock wage and hour claim, but...more

Seyfarth Shaw LLP

Doing the “Two Step”: Court Denies Second Stage Certification of FLSA Claims

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Plaintiffs’ counsel frequently speak of the “low” burden necessary at first stage for conditional certification under the FLSA. However, a recent decision from the Eastern District of New York highlights that plaintiffs may...more

Seyfarth Shaw LLP

So What About Those “BlackBerry Claims” We’ve Been Worried About?

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BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon. On Thursday, a judge in the Northern District of...more

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