A group of sales representatives for a car dealership have requested conditional certification in a Fair Labor Standards Act case. The employees allege that they were paid less than minimum
Continue Reading Commission Sales Representatives Seek Conditional Certification in FLSA Collective Action: Is There A Defense?
Conditional Certification
In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
There have been a number of cases in which the FLSA employee status of exotic dancers has been litigated. Well, in a very recent one, the plaintiffs’ counsel is strongly…
Continue Reading In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
Newly Reclassified Employees Still Seek Overtime for Alleged Earlier Misclassification: That’s Not Nice!
A group of field service engineers have filed a FLSA suit against Alcon Laboratories, on the theory that the company misclassified them as exempt employees. They seek conditional class certification,…
Continue Reading Newly Reclassified Employees Still Seek Overtime for Alleged Earlier Misclassification: That’s Not Nice!
Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend?
I recently blogged about the defendants in a FLSA case being able to secure plaintiff tax returns in discovery. Maybe that was the start of a trend. In a New…
Continue Reading Another Judicially Ordered Production of Plaintiff Tax Returns in a FLSA Case: A New Trend?
Motion for Conditional Certification Defeated in Texas Oil Worker FLSA Collective Action Case: A Rare (But Welcome) Occurrence!
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…
Continue Reading Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
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…
Continue Reading Parties In FLSA Collective Action Stay Discovery and Will Mediate—The Smart Thing To Do (For Both Sides)
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…
Continue Reading Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification