Class Certification

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By: Kyle D. Winnick and Andrew Simon

Seyfarth Synopsis: The New Jersey Appellate Division held that representative claims under the New Jersey Wage and Hour Law (“WHL”) and Prevailing Wage Act (“PWA”) do not require class certification and established a two-year look-back period to WHL and Earned Sick Leave Law (“ESLL”) claims predating the 2019 amendment.

In a significant decision…

Continue Reading Representative Claims Under the New Jersey Wage and Hour Law and Prevailing Wage Act Do Not Require Class Certification

By: Christina Jaremus, Alex Simon, and Noah Finkel

Seyfarth Synopsis: The Fourth Circuit tapped back in right where it left off in its late 2024 decision in Stafford v. Bojangles’ Restaurants, Inc. There, it reversed class certification in a wage-and-hour class action involving shift managers at the southern-style fast-food chain who alleged they were required to perform various…

Continue Reading Bud. Weis. Vacated: Fourth Circuit Drains Another Wage-and-Hour Class Certification: Overby v. Anheuser-Busch

Seyfarth Synopsis: Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class definitions as insufficient under Rule 23. The court’s message? For a class action to pass the Rule 23 taste test, you need a well-seasoned mix…

Continue Reading Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In Wage Suit