Wage & Hour Litigation Blog

Category Archives: Hybrid Lawsuits

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Ma (Labs) Knows Best—California Court Uses Comcast To Reject Certification Of An Off-The-Clock Claim

Posted in Conditional Certification, Hybrid Lawsuits, Rule 23 Certification

Co-authored by Coby M. Turner and Laura J. Maechtlen

California is bringing Comcast home—last week, California employers were the beneficiary of some down-home wisdom coming out of San Francisco. 

Giving some sage advice to the wage and hour community, Judge Alsup in Lou et. al. v. Ma Laboratories, Inc., denied conditional and class certification to a broad class of … Continue Reading

Saving The Anti-Hybrid Arguments For the Certification Stage May Be The “Superior” Way To Defeat A State Law Wage-Hour Claim

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

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

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

Here, There, and Everywhere A Lawsuit: The Third Circuit Green Lights Parallel FLSA and State Law Wage Suits

Posted in Hybrid Lawsuits, Misclassification/Exemptions, State Laws/Claims

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

Seyfarth Shaw “Writes the Book” on Wage-Hour Litigation

Posted in Arbitration Agreements, Conditional Certification, Decertification, DOL Enforcement, Hybrid Lawsuits, Independent Contractors, Overtime, Rule 23 Certification

Authored by:  Noah Finkel, Brett Bartlett, Andrew Paley and Richard Alfred

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

Want to Buy a Hybrid? The Second Circuit is Now Open for Business

Posted in Hybrid Lawsuits, Rule 23 Certification

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

In Hybrid Class/Collective Actions, Plaintiffs Can’t Have It Both Ways

Posted in Conditional Certification, Hybrid Lawsuits, Misclassification/Exemptions, Rule 23 Certification

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

Deciding Who Gets To Decide Whether To Enforce Class Action Waivers: Arbitrator Or Court?

Posted in Arbitration Agreements, Hybrid Lawsuits

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

District Court Vacates Favorable Ruling for Employers That FLSA Opt-In Provision Preempts State Law Class Action

Posted in Hybrid Lawsuits, Rule 23 Certification, State Laws/Claims

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