The employer who is fighting a collective or class action must make the argument that there is too much of a need for individual scrutiny to allow a class to
Continue Reading Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
Individual Scrutiny
Decertification of a Class and Rejection of Another Class in the Same Case: The Daily Double!
By Mark Tabakman on
This is an interesting case because it combines the elements of necessary, but not proven, commonality of situation for class certification and a quirky element of overtime calculation based on…
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Computer Exemption Case Settles: Discretion Is The Better Part of Valor
By Mark Tabakman on
Exemption class actions, i.e. lawsuits alleging misclassification, continue to pop up in different contexts and concerning different classifications. A bank has just agreed to settle a case by paying more…
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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
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
No Steak Sauce For Steak N Shake Workers As Judge Rejects Class Action: No Common Policy Or Practice
By Mark Tabakman on
I happily note that a positive trend, in my view, is continuing. That is to say, the defeating of FLSA collective actions by defendants asserting that there is not enough…
Continue Reading No Steak Sauce For Steak N Shake Workers As Judge Rejects Class Action: No Common Policy Or Practice
Lessons To Be Learned From Another Successful Defense Of An Assistant Manager Class Action
By Mark Tabakman on
I have written several times about Assistant Manager class actions being quite difficult to defend because these employees often perform a great deal of “subordinate” type work, making the issue…
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De-Certifying Classes In FLSA Actions: Demand A Trial Plan, Early On
By Mark Tabakman on
Amanda Haverstick just penned something in a recent edition of Employment Law 360 concerning the use by employers in FLSA collective actions of demanding an early trial plan from plaintiffs&rsquo…
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Wal-Mart Succeeds In “Individualization” Defense in Class Action: I Told You It Happens!
By Mark Tabakman on
A group of asset protection coordinators had filed a class action against Wal-Mart Stores Incorporated, claiming they had been misclassified as exempt employees under the Fair Labor Standards Act; the…
Continue Reading Wal-Mart Succeeds In “Individualization” Defense in Class Action: I Told You It Happens!
Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success
By Mark Tabakman on
A group of satellite television dish technicians suing for overtime under the Fair Labor Standards Act (“FLSA”) have been denied class certification based on the court’s finding that there was…
Continue Reading Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success