Wage & Hour Litigation Blog

Category Archives: Decertification

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Northern District of California “Shuts Out” Minor League Ballplayers’ Experts

Posted in Decertification

Authored by Eric Lloyd

Seyfarth Synopsis: Minor league baseball players took a swing at class certification, and they missed—badly.

In Senne v. Kansas City Royals Baseball Corp., et al., minor league baseball players across the country asserted wage and hour claims under the Fair Labor Standards Act (“FLSA”) and various state laws against Major League Baseball (“MLB”), the Commissioner of … Continue Reading

Doing the “Two Step”: Court Denies Second Stage Certification of FLSA Claims

Posted in Conditional Certification, Decertification, Rule 23 Certification

Co-authored by Robert S. Whitman and Howard M. Wexler

Plaintiffs’ counsel frequently speak of the “low” burden necessary at first stage for conditional certification under the FLSA.  However, a recent decision from the Eastern District of New York highlights that plaintiffs may win the battle over conditional certification but still lose the war for final certification at second stage.

In … Continue Reading

Brokers Take a Bath in FLSA Collective Action

Posted in Decertification

Co-authored by Robert Whitman, Cameron Smith, and Meredith-Anne Berger

Former brokers of Fordham Financial Management will have to put this one in the “loss” column. Judge Paul Crotty of the Southern District of New York granted Fordham’s motion to decertify the FLSA collective in their lawsuit alleging they were misclassified as independent contractors.

The brokers initially succeeded in … Continue Reading

I’m Dreaming of a White Collar: 2015 Year in Review

Posted in Arbitration Agreements, City/Local Ordinances, Conditional Certification, Damages, Decertification, Defenses, Discovery, DOL Enforcement, Executive Orders, Hybrid Lawsuits, Independent Contractors, Joint Employment, Jurisdiction, Meal/Rest Breaks, Misclassification/Exemptions, Off-the-Clock Issues, Offer of Judgment, Overtime, Regular Rate, Rule 23 Certification, Salary Basis, Service Charges/Gratuities, Settlement, State Laws/Claims, Uncategorized

Authored by Alex Passantino

‘Twas the week before Christmas, 2-0-1-5 When the poetry elves on the blog came alive. Crafting their rhymes with a purpose so clear: Presenting the wage-hour gems of the year.

In January, for new regs in this year our breath bated. Then for six painful months, we speculated and waited. And just as … Continue Reading

Out of the Pizza Oven, Into the Fire: Any Way You Slice It, Lenient Standard at Conditional Certification Stage Doesn’t Cut It

Posted in Conditional Certification, Decertification

Co-authored by Abad Lopez and Noah Finkel

The two-step “send notice now/worry later” approach to FLSA collective actions — in which courts approve notice to potential collective action members under the lenient standard but comfort defendant-employers with the bromide of “don’t worry, we can revisit the issue at the decertification stage under a more rigorous standard” — continues to leave … Continue Reading

Integral Clothes and Mistletoes: 2014 Year in Review

Posted in Arbitration Agreements, Decertification, Defenses, DOL Enforcement, Misclassification/Exemptions, Off-the-Clock Issues, Overtime

Authored by Alex Passantino

It’s the week before Christmas, and we’ve accepted our mission, The annual wage hour “sum-up” composition. And to start it all off, we’ve got something nice, ‘Cause the Supreme Court addressed wage and hour stuff twice.

The year started out with the first one of those; As Justice Scalia answered “What counts as clothes?” With … Continue Reading


Posted in Decertification

Co-authored by Gerald L. Maatman, Jr. and Matthew J. Gagnon

In a huge win for restaurant companies everywhere, Judge William Dimitrouleas of the U. S. District Court for the Southern District of Florida recently decertified a nationwide collective action against Darden Restaurants, Inc. – the corporate home of such iconic brands as Olive Garden and LongHorn Steakhouse – in Mathis Continue Reading

The New Comcast Decision: Not Hungry? No Meal Break Waiver Needed.

Posted in Decertification, Meal/Rest Breaks

Co-authored by Jacob Oslick and Timothy Rusche

California requires written waivers if an employee misses a second meal break, right? Not exactly, clarified the California Court of Appeal in Fayerweather v. Comcast Corp. Instead, a waiver only is needed if the employer makes an employee miss a second meal break and not if the break is voluntarily skipped. The court … Continue Reading

Court Makes A U-Turn and Decertifies Class At Trial

Posted in Decertification, Off-the-Clock Issues

Authored by Kyle Petersen

What happens if plaintiffs break their promise to present evidence that their claims can be decided on a classwide basis at trial?  In Dilts v. Penske Logistics, LLC, the Plaintiffs found out this harsh lesson when the Court decertified the case mid-trial because Plaintiffs failed to present classwide proof of their claims.  This decision out … Continue Reading

Seventh Circuit Raises The Bar On Collective And Class Certification of Wage-Hour Claims

Posted in Conditional Certification, Decertification, Hybrid Lawsuits, Rule 23 Certification

Co-authored by Laura Reasons, Giselle Donado, and Noah Finkel

In an opinion likely to make it more difficult for wage-hour plaintiffs to certify a class action and maintain certification of a collective action, the Seventh Circuit affirmed the Western District of Wisconsin’s decertification decision in Espenscheid v. DirectSat USA, LLC on the grounds that trial was not manageable … Continue Reading