The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a petition
Employment Class and Collective Action Update
Employment Class and Collective Action Update, published by Jackson Lewis P.C., focuses on developments in employment-related class and collective action litigation. The blog covers topics such as wage and hour collective actions, biometric privacy claims, COVID-19-related employment lawsuits, and evolving case law affecting employer liability in class actions. It also addresses statutory interpretation issues, procedural rulings, and trends in multi-plaintiff employment litigation. The content includes analysis of court decisions, legislative changes, and practical implications for employers managing class and collective employment disputes.
Latest from Employment Class and Collective Action Update - Page 5
EEOC: A “Pattern and Practice” is Not a Standalone Basis to Sue
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an opinion letter clarifying its authority to bring “pattern and practice” lawsuits under § 707(a) of Title VII of the Civil Rights Act of 1964. The Commission’s detailed guidance, issued September…
No Personal Jurisdiction Over Out-of-State Employees’ Claims to Certify FLSA Collective Action, Pennsylvania Court Rules
In Weirbach v. Cellular Connection, LLC, a federal district court in Pennsylvania declined to conditionally certify a nationwide collective action under the Fair Labor Standards Act (FLSA) because it found it did not have personal jurisdiction over the claims of…
Class Action Trends Report Summer 2020
Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue, attorneys in the Class Actions & Complex Litigation Practice…
Universities Sued for Closing Campuses Amidst COVID-19 Crisis
As of early this week, nearly 70 class actions have been filed by students against colleges and universities challenging their institutions’ responses to the COVID-19 crisis. The students argue they are entitled to refunds because the institution failed to provide…
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility
Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504…
In Wave of Opinions, Court Rejects ADA Requirement for Braille Gift Cards
On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in…
Ninth Circuit: FCRA Does Not Require Disclosure to be Distinct in Time from Other Employment Documents
The Ninth Circuit recognized that plaintiff’s argument was novel but was thwarted by the statute itself. Plaintiff below, argued on behalf of a class, that the company violated the Fair Credit Reporting Act (FCRA) by presenting the FCRA disclosure at…
Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement to Allow for Collective Claims
Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal appeals court in New Orleans…
FLSA Collective Action Trimmed Because Court Lacked Specific Jurisdiction
A Minnesota federal district court recently denied FLSA conditional certification over the claims of workers who were not assigned to a Minnesota project at issue or not Minnesota residents due to specific jurisdiction considerations. Vallone et al. v. The CJS…