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4 Oct 2011, 4:55 pm by Colin O'Keefe
Good, because another one just came down the pipe, with Greg Mersol detailing Wang v. [read post]
27 Jul 2012, 11:12 am by Greg Mersol
Posted by Greg MersolCourts often cite the generally lenient standard for conditional certification, but that standard, like any other, has its limits.  [read post]
18 Sep 2012, 3:14 pm by Greg Mersol
Posted by Greg MersolWhile many courts apply a lighter standard for the conditional certification of putative FLSA classes, employers tend to prevail more often on so-called “off-the-clock” cases, as a recent case from the Southern District of Texas demonstrates.  [read post]
27 Jun 2012, 7:33 am by Greg Mersol
Posted by Greg MersolRule 68 offers of judgment have often been rendered almost meaningless in employment class and collective actions amidst criticism by some courts that they would permit employers to “pick off plaintiffs” and to avoid class litigation altogether. [read post]
1 Jul 2011, 10:53 am by Greg Mersol
Posted by Greg MersolWe've written several times this year about the wide split in authority regarding whether a plaintiff in a wage and hour case may bring both a collective action under the FLSA and a Rule 23 class action with respect to claimed parallel violations of state law. [read post]
24 Jan 2012, 3:34 am by Greg Mersol
Posted by Greg MersolConfidentiality provisions in employment settlements are routine, but they can be problematic in the context of the settlement of a class or collective action. [read post]
2 Nov 2012, 2:16 pm by Greg Mersol
Posted by Greg MersolWhile most class actions, like most actions generally, tend to settle, they are on occasion tried.  [read post]
26 Nov 2012, 5:52 am by Greg Mersol
Posted by Greg MersolIn the wake of the California Supreme Court’s decision in Brinker Restaurant v. [read post]
28 Sep 2012, 2:31 pm by Greg Mersol
Posted by Greg MersolWe’ve commented in this blog before about the Sixth Circuit’s holdings regarding retiree healthcare under collective bargaining agreements.  [read post]
10 Nov 2011, 10:49 am by Greg Mersol
Posted by Greg MersolAs we have commented before, there are no class actions per se under the Fair Labor Standards Act. [read post]
13 Mar 2012, 1:03 pm by Greg Mersol
Posted by Greg MersolWe've commented before that employers defending collective actions under the FLSA generally fare far better on a motion to decertify than one for conditional certification, and a recent case reflects that fact.  [read post]
13 Oct 2011, 12:41 pm by Greg Mersol
Posted by Greg MersolCalifornia has been the focus of numerous class action wage and hour suits involving retail managers and assistant managers. [read post]
8 Aug 2012, 1:26 pm by Greg Mersol
Posted by Greg MersolWhat a difference a year or two can make in class action litigation. [read post]
21 Mar 2012, 3:00 am by Greg Mersol
Posted by Greg MersolOn February 22, 2012, the Eighth Circuit handed the EEOC a major defeat in a putative class-wide sexual harassment case it had brought against a trucking company.  [read post]
10 Jun 2011, 3:13 am by Greg Mersol
Posted by Greg MersolA recent case demonstrates that it is often easier in theory than in practice to contend that a large group of employees are "similarly situated" for purposes of certifying a collective action.  [read post]
7 Oct 2011, 1:33 pm by Greg Mersol
Posted by Greg MersolA recent decision from the United States District Court for the Northern District of Illinois contains three important lessons for employment class action litigation. [read post]
14 Nov 2012, 5:47 am by Greg Mersol
Posted by Greg MersolPunching in and out for meals and breaks is a pain - both for the employees and the employer.  [read post]
9 Nov 2011, 8:35 am by Greg Mersol
Posted by Greg MersolIt has been less than a year since the United States Supreme Court's decision in AT&T Mobility v. [read post]
19 Jan 2012, 7:15 am by Greg Mersol
Posted by Greg MersolA great deal of intellectual energy has been spent on the issue of whether various employment arbitration agreements are enforceable, but the debate pretty much comes down to two camps. [read post]