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
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
Continue Reading Seyfarth Shaw “Writes the Book” on Wage-Hour Litigation
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 Want to Buy a Hybrid? The Second Circuit is Now Open for Business
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 In Hybrid Class/Collective Actions, Plaintiffs Can’t Have It Both Ways
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
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