It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party. In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do anything beyond filing a written consent to become a party plaintiff in a collective action
Collective Action
Jackson Lewis Class Action Trends Report Fall 2017 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…
Class Action Filed Against NCAA and 20 Universities Alleging Student-Athletes with Scholarships Are Employees
By Jackson Lewis P.C. on
In the latest effort to argue that student athletes qualify as employees under the Fair Labor Standards Act (“FLSA”), a class action lawsuit was filed last week in a federal court in Pennsylvania against the National Collegiate Athletic Association (“NCAA”) and 20 universities.
Last year, the U.S. Court of Appeals for the Seventh Circuit affirmed…
Department of Justice Changes Stance on Class Action Waivers in Favor of Employers
By Christopher J. Stevens on
In a fascinating turn of events, the United States Department of Justice (“DOJ”) switched sides in a critical pending Supreme Court case last Friday. The three consolidated cases—National Labor Relations Board v. Murphy Oil USA, Case No. 16-307, Epic Systems Corp. v. Lewis, Case No. 16-285 and Ernst & Young LLP v.
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…
How Does the Supreme Court’s Remand of the Transgender Discrimination Case Impact Wage-and-Hour Class Actions?
By Jeffrey L. Rudd on
On March 6, 2017, the Supreme Court, in a one-sentence summary disposition, remanded the case of Gloucester County Sch. Bd. v. G.G. to the U.S. Court of Appeals for the Fourth Circuit “for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.” …
Paying Bonuses to Non-Exempt Employees: Avoiding Class-Wide Overtime Violations
By Jackson Lewis P.C. on
Employers generally recognize that their non-exempt employees must receive overtime premiums on their base pay – in most cases, their hourly wage – when they work overtime. However, not all employers are as well attuned to the requirement that overtime premiums may also be required on other, “supplemental” components of compensation to nonexempt employees. Bonuses…
Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice
By Tasos C. Paindiris on
We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice? On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt. In Antoine v. Amick Farms, LLC the plaintiffs claim that a class of employees…