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Tag Archives: collective

Supreme Court Will (Finally) Rule On Offer of Judgment Procedure Used To Moot FLSA Collective Actions

Posted in Class Actions

These are happy times for management side lawyers, I predict.  The U.S. Supreme Court has heard oral arguments on the issue of whether utilizing the Rule 68 FRCP Offer of Judgment procedure to, essentially, “pick off” the lead, named plaintiff in a FLSA collective action ends up undermining the validity of the entire class if… Continue Reading

Professional Exemption Defense Dooms Large FLSA Collective Action Against KPMG

Posted in Class Actions, Exemptions

A federal judge has dismissed a FLSA class action lawsuit where the theory was the group of employees was improperly classified as exempt.  There were more than one thousand current and former KPMG LLP employees who could have potentially been class members.  The liability would have been, to put it mildly, geometric.  The case is… Continue Reading

No Steak Sauce For Steak N Shake Workers As Judge Rejects Class Action: No Common Policy Or Practice

Posted in Class Actions

I happily note that a positive trend, in my view, is continuing.  That is to say, the defeating of FLSA collective actions by defendants asserting that there is not enough similarity in the putative plaintiffs to warrant their conditional certification into a class.  A federal judge has just rejected a motion for conditional certification, in… Continue Reading

Dollar Tree Wins De-Certification of FLSA Class Due To Need For Individual Scrutiny

Posted in Class Actions, Exemptions

Maybe a trend is developing.  Maybe employer-defendants are starting to turn the tide of what seems like an incessant trend towards the granting of conditional certification in FLSA cases and the maintenance of those classes in the face of motions to de-certify.  I say this because a federal district court in Alabama recently decertified a… Continue Reading

“Relationship Bankers” May Find New Relationship With Overtime Monies In Off Beat FLSA Collective Action

Posted in Class Actions, Exemptions

There have been literally dozens and dozens of cases involving the exempt status of bankers, loan officers and other similar job classifications.  In a scenario that I find somewhat off beat, a HSBC Bank employee has filed a proposed collective FLSA action.  The category of employee are so-called “relationship bankers,” which is not the traditional… Continue Reading

Court Holding That Lack of Lead Plaintiff Execution Of Opt-In Form Does Not Bar FLSA Action Is Dangerous

Posted in Class Actions, Independent Contractor

In FLSA collective actions, every person who joins the suit must opt in by signing an opt-in form. Even the lead plaintiff must do that in order to officially be part of the class.  On several occasions, I have argued to plaintiff’s counsel that the failure of the lead plaintiff(s) to themselves execute the op-in… Continue Reading

Class of IBM Employees Decertified Because Of Need For Individual Assessment

Posted in Class Actions

I have often written that conditional certification in a FLSA collective action is fairly easy to get and de-certifying a class is difficult, once that conditional certification has been achieved.  Well, every rule has its exceptions.  A federal district court judge has recently de-certified a class of IBM call center employees who were claiming compensation… Continue Reading

24 Hour Fitness Ruled Out Of Shape: Barred From Using Arbitration Provision In FLSA Collective Action

Posted in Class Actions

There has been a lot of legal news being made recently concerning arbitration agreements and the Fair Labor Standards Act. Many of these cases have gone for the employer.  In a recent case, however the Fifth Circuit on ruled that a class action could proceed judicially, despite the existence of an arbitration provision, where the… Continue Reading

Concepcion Gaining Vitality From Supreme Court In Kicking FLSA Collective Actions

Posted in Class Actions

The U.S. Supreme Court’s recent holding in AT&T Mobility LLC v. Concepcion has been increasingly used by employers in defending against and, in seeking dismissal of, FLSA collective actions.  This tenet received new emphasis in a recent decision by the US Supreme Court in which the Court vacated a California court decision holding that an… Continue Reading

How To Stay In Shape? File A FLSA Collective Action.

Posted in Class Actions

There is no job classification or category that is immune to “sponsoring” a FLSA collective action.  A recent case highlights this maxim.  A group of personal trainers and sales counselors who work for 24 Hour Fitness USA, Incorporated have filed two collective actions, charging that they were not paid proper overtime.  One case is entitled… Continue Reading