When negotiating a collective action notice to potential opt-in plaintiffs upon an order for or agreement to conditional certification, a defendant-employer often seeks to include language in the notice that if plaintiffs lose the case, they may be liable to the defendant for costs. Not surprisingly, plaintiffs’ counsel usually resists including such a … Continue Reading
Authored by Adam J. Smiley
Nothing beats the drama of Game 7. The New York Rangers provided plenty of it last night in downing the Pittsburgh Penguins to advance to the conference finals. Off the ice, a group of interns for Madison Square Garden — home of the Rangers — who sued MSG for FLSA and NYLL violations have learned … Continue Reading
With the Kentucky Derby less than a month away, we have a trifecta of unpaid internship developments for you:
First, On April 4th, the U.S. Department of Labor filed an amicus brief… Continue Reading with the Second Circuit Court of Appeals, arguing in support of the Hearst unpaid interns, who are appealing the Southern District
California is bringing Comcast home—last week, California employers were the beneficiary of some down-home wisdom coming out of San Francisco.
Authored by Steve Shardonofsky
What happens when an object with greater mass collides with a smaller object? Yes, the smaller object typically bears the brunt of the force and splits into two or more pieces. According to a recent decision by Judge Keith Ellison of the Southern District of Texas, this is exactly what happens when Fifth Circuit precedent collides … Continue Reading
How do you show a judge that the inquiries necessary to resolve the claims of the class in an FLSA collective action are too individualized for a single trial? In some cases, the best approach is to file two motions—one for summary judgment on the class members’ claims, and the other to decertify … Continue Reading
We often question the utility of the “lenient standard” for conditional certification under the FLSA. All too often, courts grant conditional certification of a collective action based on nothing more than a recitation of the “lenient standard” involving a “modest factual showing,” followed by reference to scant evidence that provides no insight into … Continue Reading
Despite the lenient standard employed by many courts on motions for conditional certification, a federal judge in Pennsylvania recently denied conditional certification of an FLSA collective action based on scant factual support. In Moore v. PNC Bank, N.A. [here], the court concluded that the plaintiff could not bring her claim as a collective … Continue Reading
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.
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