Wage and Hour, FRCP 23, Unpaid Overtime

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

Seyfarth Shaw LLP on 12/23/2024

Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/12/2024

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

New Jersey Enacts Sweeping “Wage Theft” Law

Epstein Becker & Green on 8/19/2019

On August 6, 2019, Acting Governor Sheila Oliver signed S1790 into law (“Law”), toughening the penalties for failure to pay wages, benefits, and overtime (collectively “wages”) owed to workers and extending the statute of...more

Massachusetts District Court Denies Certification for Claims of Unpaid Meal Breaks

BakerHostetler on 7/18/2017

It has become almost part of the plaintiff playbook to bring wage and hour claims despite lawful employer policies by claiming some sort of “class-wide” policy of deviating from those policies. Sadly, this tactic works at...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

New York District Court Grants Summary Judgment for Employer in Gawker Intern Case

BakerHostetler on 4/6/2016

Litigation Over Interns Dries Up Internship Opportunities - The natural and probable consequence of litigation over unpaid internships was that such opportunities would disappear because the risk of litigation for even...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

Kelley Drye & Warren LLP on 4/1/2016

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

Sample This! Tyson Employee Class Wins Significant but Narrow Supreme Court Victory

Carlton Fields on 3/22/2016

Tyson Foods lost its bid to overturn an almost $3 million class action judgment against it in a case brought by workers at an Iowa pork-processing factory who contended they did not receive overtime pay for time spent...more

Sixth Circuit Refuses to Apply Stricter FLSA Collective Action Certification Standard

Littler on 3/11/2016

In concluding that the proper standard for certifying Fair Labor Standards Act (FLSA) collective actions is whether the plaintiffs are "similarly situated," the U.S. Court of Appeals for the Sixth Circuit ruled on March 2,...more

No "Duking" it Out Before the High Court as Justices Indicate Willingness to Let Wage and Hour Class Claims Stand

Orrick - Employment Law and Litigation on 11/13/2015

On Tuesday, I attended the Supreme Court's oral argument in Tyson Foods, Inc. v. Bouaphakeo. This case has been closely watched as employers have been hoping to see whether the Supreme Court would explicitly apply aWalmart v....more

Supreme Court Takes Aim at FLSA Class, Collective Actions

Franczek P.C. on 6/15/2015

Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

Wage and Hour › FRCP 23 › Unpaid Overtime

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