California is bringing Comcast home—last week, California employers were the beneficiary of some down-home wisdom coming out of San Francisco.
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
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
Authored by Kyle Petersen
Last week, in Fisher v. Rite Aid Corp., Case Nos. 11-1684 & 11-11685, the Third Circuit ruled that FLSA opt-in plaintiffs may simultaneously pursue their own parallel state-law Rule 23 opt-out class actions. In doing so, the court held that Rule 23 opt-out class actions based on state laws that are co-extensive with the FLSA … Continue Reading
Members of Seyfarth Shaw’s Wage and Hour Litigation Practice Group have authored Wage & Hour Collective and Class Litigation, the first-of-its kind treatise on wage and hour litigation. Published by American Lawyer Media’s Law Journal Press, the 912-page volume is the most comprehensive guide published to date that focuses … Continue Reading
Authored by Robert Whitman
“Hybrids” are not just popular with Prius owners. Plaintiffs’ wage-and-hour lawyers frequently bring collective and class action lawsuits that assert violations of the Fair Labor Standards Act and state wage laws in the same case based on the same basic set of facts – so-called “hybrid” actions. While the tactic has been prevalent for years, its … Continue Reading
Authored by Abad Lopez
Because the two mechanisms are ’incompatible,’ a proposed class of assistant bank managers cannot pursue an opt-out Fed. R. Civ. P. 23 class action and an opt-in Fair Labor Standards Act collective action in the same lawsuit, a federal district court has held. A common strategy employed by Plaintiff’s counsel is to bring both FLSA and analogous state wage claims … Continue Reading
Authored by Tim Watson
On February 9, the Court of Appeals for the Third Circuit, in Vilches et al. v. The Travelers Companies, Inc. weighed in on the question of who decides whether and how arbitration will go forward. The plaintiffs in the case are former insurance appraisers of The Travelers Companies, Inc., and they brought a combined state law/FLSA … Continue Reading
Authored by Brandon McKelvey
Last year employers were pleased with an order of a Nevada federal court that dismissed a state law class action on the grounds that it was preempted by a federal law collective action brought in the same suit. In December, however, the court reconsidered and reversed its earlier order allowing both the state class and collective … Continue Reading