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Collective Actions Corporate Counsel Employer Liability Issues

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

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The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Vedder Price

Seventh Circuit to Review Two-Step Collective Certification Process

Vedder Price on

On August 29, 2024, a Seventh Circuit panel granted a midsuit request from Eli Lilly & Company to review a district court order granting collective certification to a sales representative in her age discrimination lawsuit....more

Seyfarth Shaw LLP

Sixth and Eighth Circuits Reshape FLSA Collective Action Litigation

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Seyfarth Synopsis:  Since the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, federal district courts around the country have wrestled with whether they may exercise personal jurisdiction over...more

Fisher Phillips

Lawsuit Alleges Healthcare Workers Should Be Paid for Mandatory Temperature Checks and Health Screenings

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A Wisconsin-based healthcare worker recently filed a proposed collective and class action complaint against an assisted living facility alleging it required all employees to undergo mandatory temperature checks and complete a...more

Fisher Phillips

Cannabis Employers Can’t Escape Wage Claims, Says Court

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• Cannabis businesses must comply with federal wage and hour law, a federal appeals court ruled, despite the fact they operate in a field still illegal under another federal law. The court said two wrongs don’t make a right....more

Seyfarth Shaw LLP

Illinois Court Dismantles Equal Pay Act Collective Action Of Group Of Female Doctors

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Seyfarth Synopsis: On March 29, 2019, in Ahad v. Board of Trustees of Southern Illinois University, et al., Case No. 15-CV-3308 (C.D. Ill. Mar. 29, 2019), Judge Sue E. Myerscough of the U.S. District Court for the Central...more

Littler

Fifth Circuit Holds District Courts in FLSA Actions May Not Send Notice to Employees with Valid Arbitration Agreements that...

Littler on

In one of the most significant Fair Labor Standards Act (FLSA) appellate decisions in recent years, on February 21, 2019, a three-judge panel on the Fifth Circuit Court of Appeals unanimously held that “district courts may...more

Seyfarth Shaw LLP

15th Annual Workplace Class Action Litigation Report

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Seyfarth Synopsis: At 852 pages, Seyfarth’s 15th Annual Workplace Class Action Litigation Report analyzes 1,453 rulings and is our most comprehensive Report ever. ...more

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

Seventh Circuit Joins Sister Circuits in Holding That Courts, not Arbitrators, Should Decide the Availability of Class Arbitration

In a matter of first impression before the Seventh Circuit Court of Appeals involving an issue left open by the Supreme Court of the United States, a Seventh Circuit panel issued an opinion on a key threshold question of...more

Seyfarth Shaw LLP

Empire State Employer Emerges Victorious In Equal Pay Act Lawsuit

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Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district...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

Fox Rothschild LLP

Arbitration Provision In Handbook Withstands Judicial Scrutiny In Dismissing FLSA Collective Action: Another Magic Bullet!

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There has been a great deal of litigation about class action waivers in Employee Handbooks and use of arbitration mechanisms in Employee Handbooks to preclude judicial litigation. A recent New Jersey federal case sheds more...more

Seyfarth Shaw LLP

Florida Federal Court Grants Conditional Certification In ADEA Collective Action Following Employer’s Reduction-In-Force

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Seyfarth Synopsis: Following an employer’s reduction-in-force that ultimately led to an ADEA collective action after several employees over 50 years old were terminated, a federal district court in Florida recently granted a...more

Seyfarth Shaw LLP

What 2016 Workplace Class Actions Filings Suggest Employers Are Apt To Face In 2017

Seyfarth Shaw LLP on

Seyfarth Synopsis: Workplace class action filings were flat overall and even decreased as compared to levels in 2015. However, that is apt to change in 2017. In the 4th in a series of blog postings on workplace class action...more

FordHarrison

Labor Department Settles Overtime Pay Dispute with Its Own Employees

FordHarrison on

The Department of Labor (DOL) has agreed to pay $7 million to resolve claims that it failed to pay overtime to thousands of its own employees. The settlement reached with the American Federation of Government Employees Local...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

Seyfarth Shaw LLP

Court Curtails Relief For Age Discrimination Collective Action Litigation

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Seyfarth Synopsis: Relief sought in age discrimination litigation is limited to the specific remedies described in the Age Discrimination in Employment Act (“ADEA”). In a ruling on April 26, 2016, in K.H., et al., v....more

Bradley Arant Boult Cummings LLP

Another Employer Takes a “Collective” Hit

Fair Labor Standards Act (“FLSA”) “collective action" cases have become big business for plaintiffs’ lawyers. A recent decision by the United States Court of Appeals for the Sixth Circuit, Killion v. KeHe Distributors, not...more

Faegre Drinker Biddle & Reath LLP

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE...

On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate...more

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