Archives: State Law Wage & Hour Claims and Rule 23

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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

Middle District of Florida Finds Certification of FLSA Collective Action and Rule 23 Class Action Claims To Be Inconsistent

In a case for overtime compensation, the Middle District of Florida (Fort Myers Division) held that plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and Federal Rule of Civil Procedure 23 were “mutually exclusive and irreconcilable.” Tamera Goers, et. al. v. L.A. Entertainment Group and Amer Salameh, No. 15-cv-412-FtM-99CM (Aug. 25, 2016). Contending they … Continue Reading

Manhattan Supreme Court Judge Refuses to Certify Class of Interns; Adopts Balancing Test Similar to Second Circuit’s Primary Beneficiary Test

A recent New York State Supreme Court decision raises the bar for certifying an “opt out” class of unpaid interns seeking minimum or other wages, and provides valuable guidance for employers facing challenges to their unpaid internship programs. Rodriguez v. 5W Public Relations, Index No. 156571/14 (July 26, 2016). In Rodriguez, Justice Cynthia Kern denied … Continue Reading

U.S. Supreme Court Finds Representative Statistically-Valid Evidence Supports Wage-Hour Class Certification

In a case for overtime compensation for time spent by workers putting on and taking off protective gear, the U.S. Supreme Court in a 6-2 ruling has upheld the use of representative sampling as evidence for common claims among the class action plaintiffs, workers killing hogs and trimming pork products at processing plants in Iowa. … Continue Reading

Is Equal Pay the Next Big Thing in Class Actions?

On February 1st, the EEOC announced it would begin requiring employers to submit information on employee wages and work hours broken down by gender, race and EEO-1 category as part of its annual EEO-1 reporting process.  For the first time, the EEOC (and the OFCCP) will have nationwide data on employee pay to help identify … Continue Reading

California Class Action Alert: New Piece-Rate Legislation May Be New Ground for Class Actions in 2016

Employers doing business in California have seen a barrage of class actions and representative claims for various alleged wage and hour Labor Code violations. Some cases are premised solely on “technical” wage statement violations, where the employer may not have even realized the practice was occurring or was unlawful. California’s new law regarding piece-rate compensation … 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

Second Circuit Holds “Primary Beneficiary” Test Is Standard To Determine Employee Status Of Unpaid Interns; Likely Dooms Any Unpaid Intern Class and Collective Actions

The Second Circuit today issued two eagerly-anticipated decisions addressing the standard that should be applied to determine whether unpaid interns at a for-profit employer are “employees” under the Fair Labor Standards Act (FLSA) who are entitled to compensation for their services. Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478-cv, 13-4481-cv (2d Cir. July 2, 2015); … Continue Reading

Tips To Avoid Wage-Hour Class Actions In The Hospitality Industry

The hospitality industry continues to be hard hit by wage-and-hour class actions. Because both federal and state wage and hour laws are filled with exacting requirements, here are some of the most common claims made in wage and hour class actions against the hospitality industry and some of the actions an employer can take to … 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

SDNY Certifies for Immediate Appeal Its Ruling That Fox Searchlight Interns Were “Employees”

In the spring of 2010, Nancy Leppink, then-acting administrator of the Department of Labor’s Wage and Hour Division sent shock waves throughout the employer community and inspired the plaintiff’s wage and hour bar when she told the New York Times “[i]f you’re a for-profit employer or you want to pursue an internship with a for-profit employer, there aren’t going to … Continue Reading

SDNY Denies Class And Collective Certification In Pair Of Off-the-Clock Wage and Hour Cases

Generally speaking, certifying an off-the-clock wage and hour class action is quite difficult as the following two consolidated cases in the District Court of the Southern District of New York illustrate.  Personal bankers who sought to bring such an action against Wells Fargo and Wachovia Bank (acquired by Wells Fargo in 2008) were unable to show that they were subjected to … Continue Reading

Comcast Does Not Foreclose Certification Of Liability Only Class Under Rule 23(c)(4) Where Individualized Proof of Damages Overwhelms Common Questions, Says S.D.N.Y.

In, perhaps, the most important wage and hour class action post-Comcast, the District Court for the Southern District of New York (Judge J. Paul Oetken) granted in part and denied in part a pharmacy chain’s motion for reconsideration of the court’s previous order certifying a class of assistant store managers’ (“ASMs”) state law overtime claims, … Continue Reading

District Court Grants Hearst Interns’ Motion for Appeal to Second Circuit

Former unpaid interns at the Hearst Corp. may have their denial of class certification reviewed by the U.S. Court of Appeals for the Second Circuit.  The District Court of the Southern District of New York (Judge Harold Baer, Jr.) granted the interns’ motion to certify the court’s opinion and order of May 8, 2013 denying class … 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

District Court Certifies Class under Rule 23; Dukes cited; Behrend not mentioned

Following  the granting of conditional certification under FLSA 216(b) in July 2012, the U.S. District Court for the Southern District of New York (Judge Andrew L. Carter, Jr.) granted the plaintiffs’ motion to certify a class of umpires who alleged that the United States Tennis Association’s (USTA) improperly classified them as “independent contractors” since 2005 in order to avoid paying overtime … Continue Reading

District Court Denies Certification of 23(b)(3) Class; Quotes Language from Comcast Corp. v. Behrend

The U.S. District Court for the Western District of Washington (Judge Richard A. Jones) denied a motion to certify a class of more than 2,000 call-center customer account executives (“CAEs”) under Rule 23(b)(3) holding that individualized issues predominated over common questions.   Ginsburg et. al. v. Comcast Communications Mgmt. LLC, 2013 U.S. Dist. LEXIS 55149 (W.D. Wash. 4.17.13). … Continue Reading
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