Tag Archives: collective action

Denying Motion for Conditional Certification, Court Says FLSA Notice and Opt-In Process Is Not A Discovery Device

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 (S.D.N.Y. … 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

Second Circuit Upholds FLSA Collective Action Waivers

The United States Court of Appeals for the Second Circuit issued its much-anticipated decisions in Sutherland v. Ernst & Young and Raniere v. Citigroup Inc. affirming the use of Fair Labor Standards Act (“FLSA”) collective action waivers contained in arbitration agreements. For an excellent summary of the Second Circuit rulings, visit Jackson Lewis’ Wage and Hour … Continue Reading

Rule 68 Offer of Judgment Does Not Moot Individual FLSA Claim, Notwithstanding Recent SCOTUS Ruling

A Rule 68 offer of judgment affording complete relief to two named plaintiffs and one opt-in plaintiff does not moot the plaintiffs’ individual claims in an action for overtime compensation pursuant to the Fair Labor Standards Act (“FLSA”) and parallel provisions of the N.Y. Labor Law (“NYLL”) , a federal court ruled on Monday.  Velasquez v. … Continue Reading

Exotic Dancers, Other Gentlemen’s Club Employees Denied Conditional Certification

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 classified as independent contractors … Continue Reading
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