There have been many class actions concerning the job title “Assistant Manager” and this malady has risen again. The chain, Hooters, has been sued in a nationwide collective action that
Continue Reading What a Hoot! Yet Another Assistant Manager FLSA Collective Action!
Opt-In
In Strongly Contested Case, Florida Dancers Win Right To Send Out Opt-In Notices
By Fox Rothschild LLP on
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
Defendant Gets Plaintiffs’ Tax Returns in FLSA Collective Action And Moves To Eliminate Some Opt-Ins—Way To Go!
By Fox Rothschild LLP on
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!
Another Bimbo Bakeries FLSA Collective Action: It Is Possible To Fix!
By Fox Rothschild LLP on
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. …
Continue Reading Another Bimbo Bakeries FLSA Collective Action: It Is Possible To Fix!
Defendants In FLSA Collective Action Assert Need for Too Much Individual Scrutiny Mandates Decertification
By Fox Rothschild LLP 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
Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit
By Fox Rothschild LLP on
Usually, when a party does not respond to discovery requests, it can face sanctions, including the dismissal of the case (if he/they are the plaintiff(s). Well, that truism took a…
Continue Reading Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit