Conditional Certification

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?

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!

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!

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!

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)

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