It is not that often that a motion for conditional certification is denied, as there is only needed a modicum of evidence, e.g. affidavits, to support the motion. But sometimes,
Continue Reading Motion for Conditional Certification Defeated in Texas Oil Worker FLSA Collective Action Case: A Rare (But Welcome) Occurrence!
Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
This is an interesting case and a (possible) double victory for the employer. A rarity. An employer-defendant, Dynamex, Inc. has filed a motion to eliminate more than 30 opt-ins from
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Parties In FLSA Collective Action Stay Discovery and Will Mediate—The Smart Thing To Do (For Both Sides)
One thing about FLSA collective actions—right or wrong, win or lose, the legal fees for both sides mount up quickly and almost relentlessly. I often counsel clients to try to
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Another Bimbo Bakeries FLSA Collective Action: It Is Possible To Fix!
A putative class of delivery truck drivers has filed a collective action FLSA lawsuit against Bimbo Bakeries, alleging a failure to pay overtime. The case is entitled Oddo et al.
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Hock Shop Employees Get Conditional Certification For One Group But Not For Another: An Interesting Twist
A group of hourly employees working for the pawnshop chain Gem Financial Services Inc. have been granted conditional certification in a Fair Labor Standards Act action; their allegation is (as
Continue Reading Hock Shop Employees Get Conditional Certification For One Group But Not For Another: An Interesting Twist
Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
Whenever a class action is defended, the main defense is, always, too much individual scrutiny is needed to allow a class to be formed. This is exactly what a group
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Conditional Certification Granted In Zales FLSA Collective Action: The Danger of a Uniform Practice
There is no industry or business that is immune to FLSA collective actions. One might think that the a “high end” jewelry business would not be hit with such a
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The Magic Bullet: Need For Individual Analysis Dooms FLSA Collective Action Motion for Certification
Some months back, I blogged about a FLSA class action filed against Life Time Fitness based on a theory that personal trainers were compelled to work off-the-clock and were not
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Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason!
A recent survey shows that class actions are the biggest worry for US corporate counsel. This is based on a polling of approximately 800 corporate counsel where the results were
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Third Circuit Clarifies Meaning Of “Interstate Commerce” In Motor Carrier Exemption Suit
When analyzing the so-called motor carrier exemption under the Fair Labor Standards Act, 29 USC 213(b)(1), controversies often arise as to whether the drivers are involved in “interstate commerce.” This
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