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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]
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]
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]
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]
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]
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 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]
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]
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]
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]
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]
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]
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]
21 Aug 2012, 1:58 pm by Greg Mersol
Posted by Greg MersolThose familiar with FLSA and ADEA collective action litigation are well familiar with the judicially created two-step process used by most courts.  [read post]