A recent case from the Third Circuit casts a spotlight on many of the problems inherent in so-called off-the-clock claims for overtime.
In Ferreras v. American Airlines, Case No. 18-3143 (3d Cir. Dec. 24, 2019), the plaintiffs claimed that
Employment Class Action Blog
Information and Commentary on Class Action Cases Affecting Employers
The Employment Class Action Blog, published by Baker & Hostetler LLP, focuses on legal developments and issues related to employment class actions and collective litigation. It covers topics such as arbitration agreements and motions to compel arbitration, wage and hour disputes including Fair Labor Standards Act exemptions, biometric privacy claims under laws like Illinois BIPA, and procedural aspects of class action litigation. The blog analyzes court decisions impacting employer obligations, employee rights, and litigation strategies in employment-related class and collective actions, providing updates on significant rulings from various courts including the U.S. Supreme Court and state supreme courts.
Latest from Employment Class Action Blog - Page 10
District Court Temporarily Enjoins Enforcement of California’s AB 51 Anti-Arbitration Provision
A federal judge has issued a temporary restraining order halting the enforcement of Assembly Bill 51, California’s latest attempt to prevent arbitration of claims brought under the California Fair Employment and Housing Act. We initially wrote about this statute, which…
California Court of Appeal Concludes Practice Is More Important Than Policy for Class Certification
A California Court of Appeal issued a Christmas Eve ruling setting out the significance of a written employment policy for class certification purposes. In Cacho v. Eurostar, Inc., the court held that a correct, yet incomplete, meal break policy does…
Second Circuit Finds That Rule 68 Can Be Used To Settle FLSA Claims
By Greg Mersol
Many litigants in FLSA cases find practical obstacles in settling the matters, particularly when there are disputes regarding what exactly has happened or when the underlying claim turns out to be very small.
This process is made more difficult by…
Eighth Circuit Affirms $4.6 Million Fee Award Against the EEOC
By Greg Mersol
How Many Decades of Litigation is Enough?
On retreating from Russia after the disastrous 1812 invasion, Napoleon famously commented, “It is but a step from the sublime to the ridiculous.” That adage applies equally well to the latest opinion in…
Louisiana District Court Decertifies FLSA Class of Warehouse Supervisors
By Greg Mersol
We’ve noted many times that while employees prevail on most motions for conditional certification under the FLSA, employers tend to prevail on the second stage motion for decertification. A recent case reflects that continuing reality, but also highlights weaknesses…
California Court of Appeal Applies Dynamex Retroactively
This week, a California Court of Appeal concluded in a class action case that the California Supreme Court’s Dynamex decision applies retroactively. In another case, Vazquez v. Jan-Pro Franchising International, the Ninth Circuit Court of Appeals previously found the…
California Enacts Anti-Arbitration Legislation, but Will the FAA Limit Its Potential Impact? Not Entirely.
On Oct. 10, California Governor Gavin Newsom signed into law an attempt by California’s Legislature to limit arbitration of claims under California’s Fair Employment and Housing Act (“FEHA”). FEHA prohibits harassment, discrimination and retaliation on the basis of various protected characteristics,…
Seventh Circuit Holds That Opt-Outs Lack Standing To Challenge Settlement
By Greg Mersol
What were they thinking, anyway?
Eighteen months ago, a group of African American financial advisors brought suit against JPMorgan Chase for alleged race discrimination and retaliation. They sought to assert claims on behalf of a class of 273 individuals.
The…
The Ninth Circuit Bows to Supreme Court Authority, Affirms Three Principles Supporting Removal of CAFA Removal Cases
The Class Action Fairness Act of 2005 (“CAFA”) grants federal courts jurisdiction to preside over certain class action cases where, based on the claims alleged, the amount in controversy is more than $5 million, among other factors. While CAFA provides…