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:
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
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
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
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
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
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
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”
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.