No industry or business is immune from the threat of a FLSA class action. Proof of this premise is found in the certification of a class of dozens of freelance
Continue Reading Goin’ Hollywood: Independent Contractor Lawsuit Targets Freelance Producers
Certification
Wage-Hour Litigation To Rise in 2015: So What Else Is New?
By Fox Rothschild LLP on
I posted on January 7, 2015 about what to watch for in new USDOL regulatory initiatives in 2015. This post focuses on an even more telling truism—-wage-and-hour litigation continued to…
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Motion To Dismiss FLSA Collective Action On Pleadings Fails: An Interesting Tactic
By Fox Rothschild LLP on
Necessity is the mother of invention…
In Naider v. A-1 Limousine, (Dkt. No 14-2212, October 8, 2014), a case filed in federal court in New Jersey, the defendant attempted…
Continue Reading Motion To Dismiss FLSA Collective Action On Pleadings Fails: An Interesting Tactic
De-Certification Attempt Depends Upon Ostensible Need For (Too Much) Individual Scrutiny
By Fox Rothschild LLP on
A FLSA class is usually conditionally certified. The next tactical step for the employer is to seek that class’ decertification. If it succeeds in doing so, the case is over…
Continue Reading De-Certification Attempt Depends Upon Ostensible Need For (Too Much) Individual Scrutiny
The Journey of Wal Mart v Dukes Continues In Its Application (Or Not) To FLSA Actions
By Fox Rothschild LLP on
Since the Supreme Court decision in Wal Mart Stores, Inc v Dukes, there has been considerable litigation about whether its holding applies to other kinds of class actions, most…
Continue Reading The Journey of Wal Mart v Dukes Continues In Its Application (Or Not) To FLSA Actions
Offer of Judgment Strategy in Defending FLSA Cases Takes A Beating!
By Fox Rothschild LLP on
Two years ago, I made an Offer of Judgment in a collective action FLSA case where the named plaintiff refused the Offer, which then allowed me to make a motion…
Continue Reading Offer of Judgment Strategy in Defending FLSA Cases Takes A Beating!
Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success
By Fox Rothschild LLP on
A group of satellite television dish technicians suing for overtime under the Fair Labor Standards Act (“FLSA”) have been denied class certification based on the court’s finding that there was…
Continue Reading Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success
Assistant Manager Saga Continues: Radio Shack Hit (Again)
By Fox Rothschild LLP on
In Florida, an Assistant Manager has filed a class action against RadioShack Corporation, alleging that the company has misclassified these managers as exempt executives and has not paid them overtime. …
Continue Reading Assistant Manager Saga Continues: Radio Shack Hit (Again)
Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
By Fox Rothschild LLP on
A federal judge has ruled that a dispatcher, who was suing as the named plaintiff in a FLSA collective action seeking overtime, was not able to prove that he was…
Continue Reading Another FLSA Class Action on Exempt Status of Dispatchers: The Threat Grows
The Employer Beats The Class To The Punch With A Dramatic Result!
By Fox Rothschild LLP on
In a ground-breaking decision, the Ninth Circuit Court of Appeals has set a path down for defendant-employers in Fair Labor Standards Act (“FLSA”) class actions that is breathtaking in its…
Continue Reading The Employer Beats The Class To The Punch With A Dramatic Result!