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Unpaid Overtime Conditional Certification

Carlton Fields

FLSA Conditional Certification Standard Bites Plaintiffs

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A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime...more

BakerHostetler

Florida Court Denies Conditional Certification of FLSA Case Involving Restaurant Staff

BakerHostetler on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

Seyfarth Shaw LLP

Don’t Judge a Conditional Certification Motion by Its Cover

Seyfarth Shaw LLP on

Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage”...more

FordHarrison

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

FordHarrison on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

BakerHostetler

Ohio District Court Denies Conditional Certification In FLSA Case

BakerHostetler on

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

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