Archives: Decertification/Final Certification

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Judge Decertifies Class Based on Plaintiffs’ Differing Accounts of Their Responsibilities

Those who follow developments in wage and hour class actions know that challenges to the exempt status of assistant managers are quite common. Such cases often hinge on a detailed analysis of the actual job duties performed—with the plaintiffs claiming that the entire class performed little or no managerial work and the employer claiming that … Continue Reading

Jackson Lewis Class Action Trends Report Summer 2015 Now Available

Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.  This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer.  We hope you will find this issue to be informative and insightful.  Using our considerable experience in defending hundreds of … Continue Reading

Jackson Lewis California Employment Class Action Summit, Feb. 26, 2014, The Pacific Club, Newport Beach

On February 26, 2014, Jackson Lewis will host its California Employment Class Action Summit at The Pacific Club in Newport Beach, CA.  Experienced Jackson Lewis class action litigators will present on a variety of topics including: Developing the Initial Defense Strategy Reviewing the Complaint Early Strategic Considerations Key Strategies in Defeating Class & Collective Certification in Employment Litigation Viability and … Continue Reading

Jackson Lewis Class Action Summit 2013 in NYC

On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City.  The purpose of the event was to inform attendees of the significant trends in employment class action litigation and offer key pre- and post-litigation defense strategies.  Experienced Jackson Lewis class action litigators … Continue Reading

Department Store Retailer Defeats Class Certification Of State Wage-Hour Claims And Preemptively Defeats FLSA Certification In Cross-Motion

Plaintiffs seeking to certify a California class of current and former assistant stores managers and other differently titled managers and associates were denied class certification of their state law claims under Rule 23.  Saks, Inc., the operator of high-end retail department stores across the United States, also convinced the district court to grant its preemptive cross-motion seeking to … Continue Reading

FLSA Class Decertified; Motion for Class Certification Under Rule 23 Denied Too

The U.S. District Court for the Western District of New York decertified a collective action under the Fair Labor Standards Act and denied the plaintiff’s motion for class certification of the state law claims under Rule 23.  Tracy v. NVR, Inc. (W.D.N.Y. 4.29.13).  Plaintiffs alleged that the national home-builder misclassified them as non-exempt sales and marketing … Continue Reading
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