I have often written about the scourge of Assistant Manager class actions. The employee category is particularly subject to this kind of lawsuit as these workers often perform some
Continue Reading Yet Another Assistant Manager Collective Action: Will They Never End?
De-certification
Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)
By Mark Tabakman on
I have blogged (somewhat incessantly, I admit) about manager FLSA class actions and what the line(s) of defense are for the employer in these cases, and how to…
Continue Reading Urban Outfitters Decertifies FLSA Class: Too Many Individual Differences (Again)
Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
By Mark Tabakman on
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
Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason!
By Mark Tabakman on
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…
Continue Reading Survey Shows Corporate Counsel Especially Fear Class Actions: With Good Reason!
Do Lower Gasoline Prices Signal A New Wave Of FLSA Actions In The Energy Industry?
By Mark Tabakman on
We are all happy with the falling gasoline prices we have experienced, but, as lawyers, we (seemingly) always look for the dark spot in the sky. Some commentators are positing…
Continue Reading Do Lower Gasoline Prices Signal A New Wave Of FLSA Actions In The Energy Industry?
Professional Exemption Defense Dooms Large FLSA Collective Action Against KPMG
By Mark Tabakman on
A federal judge has dismissed a FLSA class action lawsuit where the theory was the group of employees was improperly classified as exempt. There were more than one thousand current…
Continue Reading Professional Exemption Defense Dooms Large FLSA Collective Action Against KPMG
De-Certification Attempt Depends Upon Ostensible Need For (Too Much) Individual Scrutiny
By Mark Tabakman 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
Dollar Tree Wins De-Certification of FLSA Class Due To Need for Individual Scrutiny
By Mark Tabakman on
Maybe a trend is developing. Maybe employer-defendants are starting to turn the tide of what seems like an incessant trend towards the granting of conditional certification in FLSA cases and…
Continue Reading Dollar Tree Wins De-Certification of FLSA Class Due To Need for Individual Scrutiny
FLSA Collective Action Dismissed for Failure of Lead Plaintiff To File Opt-in: Yes!
By Mark Tabakman on
When I begin defending a Fair Labor Standards Act collective action, one of the first strategies I look for is to find some way to kick the named plaintiff out…
Continue Reading FLSA Collective Action Dismissed for Failure of Lead Plaintiff To File Opt-in: Yes!
Class of IBM Employees Decertified Because Of Need For Individual Assessment
By Mark Tabakman on
I have often written that conditional certification in a FLSA collective action is fairly easy to get and de-certifying a class is difficult, once that conditional certification has been achieved. …
Continue Reading Class of IBM Employees Decertified Because Of Need For Individual Assessment