Authored by Michael W. Kopp

In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc. v. Bouaphakeo, to address (1) the use of statistical averaging in class actions to prove liability and damages,
Continue Reading Another Watershed Moment for Class Actions? SCOTUS to Address Limits on Statistical Proof in Class and Collective Actions

Seyfarth Shaw has updated its definitive guide to the litigation of wage and hour lawsuits. Co-authored by three Seyfarth partners and edited by the chair of the firm’s national wage-hour practice, Wage & Hour Collective and Class Litigation is an essential resource for practitioners. The unique treatise provides insight into litigation strategy through all phases of wage & hour
Continue Reading Seyfarth Attorneys Update the 2015 Definitive Guide to Litigating Wage and Hour Lawsuits

Authored by Geoffrey Westbrook

After more than four years of litigation, Citibank hauled in a significant victory last week against putative class and collective actions in Ruiz v. Citibank. Personal bankers from California, New York, Washington D.C. and other states alleged that Citibank withheld overtime pay under a nationwide scheme encouraging off-the-clock work. Although finding “systematic violations at the
Continue Reading Citibank Cashes In With Big Win On Nationwide Overtime Class and Collective Actions

Authored by Noah Finkel

California has long been regarded as the epicenter of wage and hour litigation.  It is where the most cases are filed. It has the most onerous wage and hour laws. And those laws contain the most draconian remedies.  Because of this, California wage and hour claims tend to carry higher settlement value than FLSA claims or
Continue Reading 1 California Class Member = 9 FLSA Collective Action Members

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

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

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

2d Cir.pngAuthored 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 Want to Buy a Hybrid? The Second Circuit is Now Open for Business