Since the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, limiting the scope of a court’s jurisdiction over out-of-state claims, federal courts have grappled with whether the landmark opinion applies to collective actions brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. §
29 usc 216(b)
Denying Motion for Conditional Certification, Court Says FLSA Notice and Opt-In Process Is Not A Discovery Device
By William J. Anthony on
The District Court for the Southern District of New York refused to conditionally certify a collective action under the Fair Labor Standards Act (“FLSA”) acknowledging that although the bar for conditional certification of a FLSA collective action is low, “it is not this low.” Sanchez v. JMP Ventures, LLC, 2014 U.S. Dist. LEXIS 14980…
Employer Defeats FLSA Conditional Certification of Nationwide Class Of Former Gym Employees Limiting Class To Include Only Those Employees Who Worked in Gym’s South Texas Region
By William J. Anthony on
Given the lenient standard of proof required of plaintiffs, experienced wage and hour attorneys agree that employers, in most jurisdictions, fight an uphill battle when trying to defeat conditional certification of a collective action under the Fair Labor Standards Act (“FLSA”). When an employer cannot completely defeat a motion for conditional certification, the next best …
Exotic Dancers, Other Gentlemen’s Club Employees Denied Conditional Certification
By William J. Anthony on
The U.S. District Court for the Eastern District of Arkansas (Judge Susan Webber Wright) denied a FLSA 216(b) motion for conditional certification by seven former employees of a strip club in Jacksonville, Arkansas who filed a putative class and collective action against the club’s owners and managers alleging that they had been improperly…