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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]
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]
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]
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]
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]
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 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]
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]
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]
4 May 2011, 11:00 am by Greg Mersol
Posted by Greg MersolOn April 14, 2011, the Seventh Circuit issued an important decision regarding removal under the Class Action Fairness Act (“CAFA”). [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]
20 Apr 2011, 2:00 pm by Greg Mersol
Posted by Greg MersolDon't let the facts get in the way of a good story . . . unless you are a governmental agency entrusted to follow the law and you are bringing an expensive class-wide case.  [read post]
27 Jun 2011, 10:14 am by Greg Mersol
Posted by Greg MersolA recent case from the Eastern District of New York reflects that race discrimination class actions can be brought, and also reflects the type of claim which will likely still survive in the wake of last week's Supreme Court decision in Wal-Mart Stores, Inc. v. [read post]
21 Oct 2011, 2:39 pm by Greg Mersol
Posted by Greg MersolThe enforcement of arbitration agreements in the employment context has been maddeningly inconsistent, with different jurisdictions creating their own requirements and rules that might render such an agreement unenforceable. [read post]
25 Aug 2011, 2:31 pm by Greg Mersol
Posted by Greg MersolWe've commented before (April 20, 2011) on recent cases in which the EEOC was sanctioned for bringing and pursuing expensive, class-wide litigation without much evidence. [read post]