Authored by Noah Finkel
As noted by this blog on several occasions, including most recently here, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective action can moot a case by offering a plaintiff complete relief under Rule 68 or in a
Continue Reading Reports of the Death of the Mootness Maneuver Are Greatly Exaggerated
Co-authored by Kat Jugo and Kevin Young
The lawyers in our readership are quite familiar with the fact that, as a general matter, practicing attorneys are not entitled to overtime pay under the FLSA. But does that exempt status change when an attorney is retained only to review and flag documents? No it does not, per a decision issued last
Continue Reading Nothing New for Doc Review: Federal Court Rules That Doc Review Attorney, Like Other Practicing Lawyers, is Exempt
Co-authored by Robert S. Whitman and Howard M. Wexler
Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions.
In Gortat v. Capala Brothers, Inc., the plaintiffs alleged that they were denied wages, including overtime compensation, throughout
Continue Reading No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA
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 Jessica Lieberman
The decision whether to reclassify employees whose exempt status is arguable can sometimes create something of a double bind for employers: reclassification should be the conservative approach, but it also can be risky if it is interpreted as evidence that the prior classification was wrong. For this reason, employers may fear that reclassification aimed at reducing
Continue Reading Taking a Pass on a “Reclass” Class (or Collective): Court Denies Reclassified Employees’ Certification Motion
Leading employment law firm 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
Continue Reading Seyfarth Shaw Attorneys Author the 2015 Update to the Definitive Guide to Litigating Wage & Hour Lawsuits
Co-authored by Noah Finkel and Kara Goodwin
When negotiating a collective action notice to potential opt-in plaintiffs upon an order for or agreement to conditional certification, a defendant-employer often seeks to include language in the notice that if plaintiffs lose the case, they may be liable to the defendant for costs. Not surprisingly, plaintiffs’ counsel usually resists including such a
Continue Reading Full Disclosure To Plaintiffs: Failure To Prevail In An FLSA Case Could Cost You
Authored by Noah Finkel
The Tampa Bay Buccaneers had a tough week last week. It wasn’t just their loss to the Detroit Lions. Defeats on Sundays are something with which the Bucs have grown accustomed. Rather, last week the 11th Circuit Court of Appeals held that the Bucs’ attempt to have an adverse judgment against themselves would not end a
Continue Reading Can’t Win For Losing? Try Offering Complete Relief, Not Rule 68
Co-authored by Abad Lopez and Noah Finkel
Even in the face of an apparent victory, a company may be stuck with an unexpected and outsized attorneys’ fees tab. In a recent case that highlights the multifaceted perils of drawn out litigation, the Tenth Circuit affirmed a $3.4 million attorneys’ fees award—even though the jury rejected the majority of plaintiffs’
Continue Reading Bittersweet Victory: Court Affirms $3.4 Million Attorney’s Fee Award Despite Plaintiffs’ Defeat on Majority of Claims