Wage & Hour Litigation Blog

Category Archives: Discovery

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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

Wage-Hour Audits: Lessons Learned From Chipotle’s Heartburn

Posted in Discovery

Co-authored by Dennis Clifford and Rachel Hoffer

Beloved burrito-maker Chipotle Mexican Grill has found itself in a situation messier than the finger foods that brought the company more than $4 billion in revenue last year. A magistrate judge in Scott v. Chipotle Mexican Grill, Inc. recently ordered that a report prepared by a human resources consultant, Cinda Daggett, is not … Continue Reading

Dukesing It Out: Tighter Post-Dukes Standard Helps Defeat Request For Class and Collective Action Certification

Posted in Conditional Certification, Discovery, Rule 23 Certification, State Laws/Claims

Co-authored by:  Jeremy W. Stewart and Kyle Petersen

On January 10, 2013, U.S. District Judge Barbara Crabb of the United States District Court for the Western District of Wisconsin issued an order denying the plaintiffs’ motion for class and collective action certification of unpaid meal period claims in Boelk, et al. v. AT&T Teleholdings, Inc., et al., No. 3:12-cv-0040-bbc … Continue Reading

Pre-Certification Communications Permitted

Posted in Discovery

Authored by Mary Ahrens

In Winans, et al. v. Starbucks Corp., Case No. 08-3734 (S.D.N.Y. Dec. 15, 2010), a group of assistant store managers, brought a potential class action against Starbucks, claiming that they were wrongly left out of participating in tip pools.  In defending the case, Starbucks asked certain employees to provide statements favorable to Starbucks, and Starbucks made a … Continue Reading