News & Analysis as of

Wage and Hour Decertification

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

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more

Epstein Becker & Green

Federal Court in Virginia Adopts One-Step Approach to FLSA Collective Action Certification

Epstein Becker & Green on

A little over two years ago, the U.S. Court of Appeals for the Fifth Circuit became the first federal appellate court in the country to reject the widespread and longstanding two-step approach of first “conditionally”...more

Jackson Lewis P.C.

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

Fox Rothschild LLP

Attacking The Lead/Named Plaintiff As An Inappropriate Class Representative: Another Arrow In The Employer’s Quiver

Fox Rothschild LLP on

One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful, but defense counsel should always be looking...more

Morrison & Foerster LLP - Class Dismissed

Second Circuit Affirms Class Decertification Based On Inadequate Representation

Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al is a good reminder that, even after a class is certified, class treatment...more

BakerHostetler

Louisiana District Court Decertifies FLSA Class of Warehouse Supervisors

BakerHostetler on

We’ve noted many times that while employees prevail on most motions for conditional certification under the FLSA, employers tend to prevail on the second stage motion for decertification. ...more

Proskauer - Labor Relations Update

NLRB Majority: Unqualified Notice to Picket Jobsite Where Neutrals Are Present Violates Act

We recently saw interesting decisions from the NLRB including cases about the employer’s duty to provide information about tax cuts, the lawfulness of litigation holds, and the validity of decertification petitions. At the...more

Butler Snow LLP

Working Off the Clock is Off-Limits

Butler Snow LLP on

I was reading recently about a lawsuit in which four plaintiffs’ law firms tried for years to pursue a class action lawsuit against a Chipotle operation up in Minnesota. The claim was that a shift supervisor at one of the...more

Proskauer - Labor Relations Update

NLRB Majority Decides 50-50 Balls In Employer Favor

The NLRB has been in a period of dormancy. When the make-up of the Board changed, a lot of people expected an onslaught of NLRB decisions reversing the reversals of precedent made by the agency in the last 8 years. Except...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

BakerHostetler

Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case

BakerHostetler on

No, that isn’t a typo – it was the Ninth Circuit. Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims. In the first stage,...more

Payne & Fears

Is the "Gig" Up? The On-Demand Economy in 2018

Payne & Fears on

On February 8, 2018, Magistrate Judge Jacqueline Scott Corley found that couriers for the tech/food delivery service company GrubHub, Inc. (“GrubHub”) were properly classified as independent contractors. Judge Corley made...more

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