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Is Your Expert Analysis Protected by the Attorney-Client Privilege?

In this age of Big Data, expert analyses are critical to class and collective actions. Wage and hour lawsuits hinge on experts dueling over employee time and pay data. The EEOC’s Equal Pay and systemic discrimination initiatives are driven by statisticians’ analyses of employers’ robust payroll and applicant tracking system data.   In many of these … Continue Reading

Offer of Judgment Doesn’t Moot Class Action

In what may be considered a blow to class action defense, this week the U.S. Court of Appeals for the Eleventh Circuit ruled that an offer of judgment to the named plaintiffs did not moot a proposed class action.  This was a case of first impression before the Eleventh Circuit. The putative class action,  Stein v. Buccaneers LP, … Continue Reading

Sixth Circuit Affirms that, for Executive Exemption to Apply, Class of Employees Must Do More than Merely Carry Out Supervisors’ Orders Regarding Hiring and Firing

In a recent decision, the Sixth Circuit Court of Appeals issued helpful guidance to employers – albeit in a decision in favor of a class of employees – as to what responsibilities employees must have in order to satisfy the executive exemption to the Fair Labor Standards Act (FLSA). To satisfy the executive exemption, employees … Continue Reading