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
similarly situated
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
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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…
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
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 …
Motion for Conditional Certification Denied When Plaintiff’s Evidence Consists of Unsubstantiated Observations and Hearsay
Supermarket clerk asserting that she and others similarly situated had been denied overtime pay as a result of a time-shaving policy wherein her employer allegedly deducted one hour per day for lunch breaks while she and others were only provided 30 minutes for such breaks was denied conditional certification of her wage and hour claim…
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…