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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]
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]
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]
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]
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]
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]
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]
17 Jul 2012, 11:59 am by Greg Mersol
Posted by Greg MersolOne of the primary catalysts for class action litigation both in the employment context and outside of it is the availability of attorney’s fees. [read post]
31 Aug 2012, 3:02 am by Greg Mersol
Posted by Greg MersolWhen I was growing up, my father had a workshop he used to relax on weekends. [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]
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]
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]
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]
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]
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 Dec 2011, 11:51 am by Greg Mersol
Posted by Greg MersolMaryland staffing corporation Aerotek Scientific, LLC (“Aerotek”), allegedly required its employees who worked at one of its call centers in California to arrive at work at least ten minutes before the beginning of their shifts to log into their computers and be at the ready to receive calls at the immediate start of their shifts. [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]