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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]
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]
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]
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]
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]
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]
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]
18 Aug 2011, 9:15 pm by Greg Mersol
Posted by Greg MersolOf all the potential reasons to deny certification under Rule 23(a) (numerosity, commonality, typicality, and adequacy of representation), probably the least commonly used is that of adequacy of representation.  [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]
14 Jul 2011, 10:06 am by Greg Mersol
Posted by Greg MersolWhen the much anticipated decision is Wal-Mart Stores Inc v Dukes.pdf was announced (see our post analyzing of the decision), many commentators, us included, believed it would significantly change the landscape of employment class actions.  [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]
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]
16 Jun 2011, 2:00 am by Greg Mersol
Posted by Greg MersolIt has been a good few weeks for employers in the satellite dish industry.  [read post]
7 Aug 2012, 10:11 am by Greg Mersol
Posted by Greg MersolAnother California case has compelled the arbitration of a wage and hour claim in the wake of the United States Supreme Court's decision in AT&T Mobility LLC v. [read post]