C.D.Cal.: Motion for Corrective Action Granted Where Defendant Provided...
Gonzalez v. Preferred Freezer Services LBF, LLC This case was before the court on the plaintiff’s motion for corrective action, under Federal Rules of Civil Procedure 23, on grounds that the defendant...
View ArticleM.D.Tenn.: Defendants’ Request to Have Putative Class Opt Into Specific...
Ware v. T-Mobile USA This case was before the court following an order that conditionally certified the case as a collective action. The plaintiffs alleged that they performed uncompensated work prior...
View ArticleE.D.N.Y.: Named-Plaintiff’s Failure to File Consent to Join Not Fatal to...
Ahmed v. T.J. Maxx Corp. This case was before the court on the plaintiff’s motion to conditionally authorize a collective action, pursuant to Section 216 of the Fair Labor Standards Act (“FLSA”), 29...
View ArticleE.D.Mo.: Where Common Tip Pool Violations Alleged, Employees of Franchise...
White v. 14051 Manchester, Inc. This case was before the court on the plaintiffs’ motion for conditional certification. As discussed here, the plaintiffs sought to facilitate class notice to employees...
View ArticleRecent Conditional Certification Decisions of Interest
Anyone who has ever moved for or opposed a motion for conditional certification (i.e. a “Stage 1″ motion) of a collective action is likely familiar with the common defense tactic whereby a defendant...
View Article8th Cir.: NLRB’s Holding in D.R. Horton Does Not Preclude Enforcement of FLSA...
Owen v. Bristol Care, Inc. While district courts that have considered the issue since the NLRB handed down its decision in D.R. Horton last year have reached divergent opinions on its effect regarding...
View ArticleN.D.Ala.: Arbitration Agreements Obtained From Current Employees After...
Billingsley v. Citi Trends, Inc. This case was before the court on the plaintiffs’ motion for conditional certification as well as the plaintiffs’ motion for corrective action regarding meetings the...
View ArticleD.Idaho: Collective Action Waiver Unenforceable Under Section 7, Because It...
Brown v. Citicorp Credit Services, Inc. This case was before the court on the defendant’s motion to compel arbitration and dismiss the plaintiffs operative (second amended) complaint. Of significance,...
View ArticleU.S.S.C.: Arbitration Agreement “Silent” as to Class Actions Allows For Same
Oxford Health Plans LLC v. Sutter Although not an FLSA case, this case has far ranging effects throughout the litigation and arbitration worlds. The issue presented to the Court was whether an...
View Article9th Cir.: Hybrid Actions Permissible; State Law Opt-out Class May Proceed In...
Busk v. Integrity Staffing Solutions, Inc. As more and more circuit courts come into conformity and hold that so-called hybrid actions—where employees seek to certify state law claims as opt-out class...
View ArticleS.D.Ohio: Stage I Scrutiny Applied to Motion for Conditional Certification,...
Engel v. Burlington Coat Factory Direct Corp. In a scenario that seems to be playing out more and more throughout the country, given the prevalence of FLSA collective action filings, this court was...
View ArticleS.D.N.Y.: Existence of Arbitration Agreements for Some (Not All) Employees in...
Romero v La Revise Associates, L.L.C. This case was before the court on plaintiff’s motion for conditional certification. The case concerned allegations of impermissible tip credit, inadequate notice...
View Article11th Cir.: District Court Correctly Refused to Enforce Arbitration Agreement...
Billingsley v. Citi Trends, Inc. Employers seem to getting increasingly aggressive with class waivers, arbitration agreements in the wake of recent high court rulings which are seemingly boundless. In...
View ArticleS.D.N.Y.: Following Conditional Certification, Court Permits Notice Via...
Mark v. Gawker Media LLC As is often the case, in its order granting plaintiff’s motion for conditional certification and to permit notice, the court in this case ordered the parties to confer...
View Article6th Cir.: Collective Action Waivers in Employees’ Separation Agreements Did...
Killion v. KeHE Distributors, LLC Although this one is not exactly breaking news, we are discussing it because of its importance in the general landscape of FLSA jurisprudence. As discussed here, this...
View ArticleCourts Reach Different Conclusions Regarding Whether FLSA Plaintiffs Should...
Although the issue comes up from time to time, there are few decisions discussing whether FLSA plaintiffs and opt-in plaintiffs may proceed with their claims anonymously notwithstanding the federal...
View ArticleN.D.Ga.: Defendant Barred from Unilateral Meetings With Putative Class...
Wilson v. Regions Financial Corporation This case was before the court for consideration of the parties’ Joint Statement regarding restrictions on communications with putative class members, as...
View ArticleCourts Reject Defendants’ Attempts to Require Opt-ins to Provide Detailed...
Aware that the more information putative class members are required to provide, the less likely they are to opt in to the case by submitting a consent to join, it is not unusual for FLSA defendants to...
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