News & Analysis as of

Employer Liability Issues FRCP 23 Wage and Hour

Seyfarth Shaw LLP

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

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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

Polsinelli

There Is Such a Thing as Too Many Questions: Individualized Inquiries Doom Class Certification

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A recent case from the Eastern District of California emphasizes the importance of employers having facially neutral and lawful wage-and-hour policies – as such policies can help in defeating class certification. In Tavares,...more

Bradley Arant Boult Cummings LLP

You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s...

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

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Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

Seyfarth Shaw LLP

Seyfarth’s 2020 Workplace Class Action Litigation Report Is Now Available!

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Seyfarth Synopsis: Seyfarth’s 16th Annual Workplace Class Action Litigation Report analyzes 1,467 rulings and is our most comprehensive Report ever at 800 pages....more

FordHarrison

Third Circuit Limits Ability to Certify Wage/Hour Class Actions – Making “Off-the-Clock” Matters Difficult to Certify and Likely...

FordHarrison on

On Christmas Eve, the Third Circuit issued a decision restricting certification of wage/hour classes for off-the-clock cases and increasing the threshold for other wage/hour matters. See Ferreras v. American Airlines, Inc....more

Littler

Massachusetts Supreme Judicial Court Clarifies Class Action Standards for Wage and Hour Cases

Littler on

The Massachusetts Supreme Judicial Court (SJC) recently discussed class certification in state court wage and hour cases in Gammella v. P.F. Chang’s China Bistro....more

Pierce Atwood LLP

Massachusetts SJC: Rule 23 Governs Wage Act Claims, Rejected Offers of Judgment Do Not Moot Claims, and More

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Every now and then a case comes along that rewards us class action nerds with an embarrassment of riches. Gammella v. P.F. Chang’s China Bistro, Inc., decided last week by the Massachusetts Supreme Judicial Court, is one such...more

Littler

Third Circuit Reverses Class Certification of Unpaid Overtime Claims in Off-The-Clock Lawsuit

Littler on

In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were...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

Seyfarth Shaw LLP

Should I Stay or Should I Go Now: Federal Court Denies Class Certification to Supervisors Claiming In-Store Meal Breaks Violate...

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Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS...more

BakerHostetler

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

BakerHostetler on

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

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

A New Internship Standard The Second Circuits Seven Factor Test and What it Means for Your Company

On July 2, 2015, the Second Circuit Court of Appeals issued a decision regarding the employment status of unpaid interns that should prove helpful to employers. In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478 and...more

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

Second Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims

Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015): The Second Circuit Court of Appeals recently vacated and remanded the U.S. District Court for the Northern District of New York’s decision denying class...more

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