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
Co-authored by Fred Sanderson, Brandon McKelvey, and Ferry Lopez
Judge Breyer of the U.S. District Court for the Northern District of California refused to certify a proposed class of assistant managers at WinCo Food’s discount warehouse grocery stores in California. In Gales v. WinCo Foods, No. C 09-05813 CRB, 2011 WL 3794887 (N.D. Cal 2011), a former
Co-authored by Leon Sequeira and Rob Whitman
Assistant store managers at Home Depot have such great discrepancies in how they perform their jobs that they are not similarly situated for purposes of an FLSA collective action, according to a decision issued on February 15 by Judge Peter G. Sheridan of the U.S. District Court for the District of New Jersey.