Co-authored by Brett Bartlett and Kevin Young
This week, a federal judge in the Southern District of New York confirmed that an FLSA plaintiff cannot win certification of a sweeping collective action by talking only about himself.
In Ikikhueme v. Culinart, Inc., [here] a Sous Chef originally sought to represent a class of all food services employees, not just … Continue Reading
Co-authored by Arthur J. Rooney and Jeremy W. Stewart
When should a tipped employee no longer be treated as a tipped employee? Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash. Earlier this week, a District … Continue Reading
By Noah Finkel and Richard Alfred
We have long argued that the best path for defeating a hybrid state law wage and hour claim is not through a motion to dismiss but by making a strong lack of superiority argument to defeat class certification.
It is therefore not surprising to us that the Ninth Circuit joined several other Circuits last … Continue Reading