I love Assistant Manager class actions because it gives a defense lawyer a “golden” opportunity to defeat class certification by asserting that too much individual scrutiny is required to allow a class action to proceed. A beautiful example of this is a recent Walmart case where a group of Assistant Managers dropped their misclassification lawsuits,
New Jersey Wage Deduction Class Action Revived by Appellate Division: More Independent Contractor Fallout
When employers classify individuals as independent contractors, they are not obligated to provide them with certain benefits, as they would statutory employees. Sometimes, if those individuals are found to not be independent contractors, those “failures” come back oftentimes to haunt the employers. Another example of this phenomenon has happened in that a New Jersey appellate
Settling With (Only) the Named Plaintiff in Collective Actions: The Way To Go!
I often preach that, when dealing with a class action, the employer should try to pick off the named plaintiff, perhaps overpaying to do so (or maybe not). In this interesting case, the parties settled (i.e. with the named plaintiff) right after the class had been decertified. The plaintiff had argued that he was misclassified
Judge Allows Named Plaintiff Expansive Ability To Communicate with Potential Opt-Ins in FLSA Collective Action
When a class action is filed, often times there are issues (for the plaintiff and their counsel) as to who should be in the class. Often, the named plaintiff will seek to reach out to other putative class members, but it is not every day when a Judge orders that the plaintiff may telephone or
Civility In FLSA Litigation—Hard To Come By (Sometimes)
I have always approached litigation as seeking to maintain a cordial, civil relationship with my adversary, especially if it is (as happens a lot) my goal to settle the case early on. There are times, however, I love when it gets nasty. Especially when I am not involved. In a recent FLSA class case, a
New Supreme Court Class Action Ruling A Boon For Employers
The legal world is abuzz with the ripples created by a recent US Supreme Court decision on the statute of limitations in class actions. A recent post in the Epstein Becker Wage & Hour Defense Blog makes some interesting observations on the case and the issue of its application to wage-hour/overtime class actions. The case