News & Analysis as of

Discovery Wage and Hour

Seyfarth Shaw LLP

From Leniency to Scrutiny: The New FLSA Certification Landscape

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Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more

TRU Staffing Partners, Inc.

April 2024 Eye on ESI Shows Uptick in RelOne Needs, Plentiful Contractor Work, & Surge in Law Firm Hiring

The ediscovery job market is picking up in Q2 after a slower job market in March. This month’s Eye on ESI brought together ACEDS President Michael Quartararo and TRU Staffing Partners’ Founder and CEO Jared Coseglia for a...more

TRU Staffing Partners, Inc.

2024 eDiscovery Jobs Report

LETTER FROM TRU’S CEO - If 2021 and 2022 were dubbed “The Great Resignation,” then 2023 and 2024 should be called “The Great Recalibration:” recalibration of work-from-home vs. in-office permissions; recalibration of the...more

Constangy, Brooks, Smith & Prophete, LLP

Whose text is it, anyway? Maybe yours!

Must an employer preserve business-related text messages between employees using their personal cell phones? Can a judge punish an employer for failing to do so? According to a federal judge in Texas, the answer to the first...more

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

Constangy, Brooks, Smith & Prophete, LLP

Delay didn't defeat employer's right to arbitrate, CA appeals court says

A pleasant surprise for employers. A California appeals court ruled last week that an employer did not waive its right to arbitration -- despite the fact that the parties had been in litigation for more than 13 months...more

Miles Mediation & Arbitration

Top 3 Keys to Settling Your Wage and Hour Class/Collective Action at Mediation

Wage cases are stressful for everyone involved. Workers, sometimes representing a large, similarly situated group, feel as though they were systematically underpaid. Employers often feel as though they tried to comply with...more

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

FMLA Interference: Court Finds Defendants’ Motion to Dismiss to Be Premature

In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School...more

Jackson Walker

Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

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Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more

Jones Day

Fifth Circuit Requires "Rigorous Scrutiny" Before District Courts Authorize Notice in FLSA Collective Actions

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The Situation: A district court in the Fifth Circuit granted conditional certification under the Fair Labor Standards Act ("FLSA") to a class of allegedly misclassified truck drivers, analyzing certification using the widely...more

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

Fifth Circuit Sets New Standard for Certifying FLSA Collective Actions

On January 12, 2021, the Fifth Circuit Court of Appeals issued a landmark decision rewriting the rules for obtaining certification in collective actions under the Fair Labor Standards Act (FLSA). In Swales v. KLLM Transport...more

Jackson Walker

Fifth Circuit Requires District Courts to Follow More Stringent Standard to Certify FLSA Collective Actions

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On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued a groundbreaking decision announcing that district courts should “rigorously enforce” a more stringent standard for the certification of...more

Proskauer - California Employment Law

Even a Worldwide Pandemic Is No Excuse For Blowing A Class Certification Deadline!

For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more

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

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Constangy, Brooks, Smith & Prophete, LLP

Email Etiquette Can Prevent, And Help You Defend, Lawsuits

The litigator's secret weapon: good manners. William Hanson, the etiquette columnist for the Daily Mail, provides fun and snarky advice on how to be polite. Last week, he had a column on email etiquette, which got me...more

American Conference Institute (ACI)

[Event] Wage & Hour Claims and Class Actions Forum – Practical & Strategic Guidance for Employment and Labor Law Attorneys – June...

ACI’s 32nd Annual Forum on Wage and Hour Claims & Class Actions is regarded as the premier, flagship event for employment law practitioners across the country. For the last three decades, senior government officials, judges,...more

Seyfarth Shaw LLP

Don’t Judge A Conditional Certification Motion By Its Cover

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A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more

Holland & Knight LLP

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

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On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Fisher Phillips

Discovery In FLSA Cases May Soon Hit The Fast-Track

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Early discovery in cases brought under the Fair Labor Standards Act (“FLSA”) may be changing significantly if courts begin to adopt the new Initial Discovery Protocols For Fair Labor Standards Act Cases Not Pleaded As...more

Fisher Phillips

What Can You Get for $535?

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An expensive lawsuit. Let’s say you have a service advisor who is paid $525 per week, plus commissions. The service advisor makes a blatant and careless mistake on a customer invoice, costing your dealership $535. The...more

Fisher Phillips

Uber Forced To Carry On Its Defense Of 'On Call' Claims

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In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

Parker Poe Adams & Bernstein LLP

Workplace Communications Policy Can Limit Later Discovery Burdens

Any employer that has been the subject of e-discovery requests can attest to the difficulty and expense encountered when compiling and producing company electronic communications. These burdens have been further exacerbated...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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So much for the quiet off-ramping for SoFi’s Mike Cagney. The fintech company’s board announced on Friday that Cagney is out immediately as CEO, not at the end of the year as Cagney had announced earlier in the week....more

Payne & Fears

Key California Employment Law Cases: July 2017

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This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour - Payment of Wages: Minnick v. Auto. Creations, Inc., 2017 WL...more

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