Co-authored by Robert S. Whitman and Howard M. Wexler
Trying to catch a cab in New York City is not for the faint of heart. In addition to the traditional “yellow cabs,” which often treat the city streets like a NASCAR track, there are many “Black Car” companies that offer rides through dispatch systems that allow for scheduled pickups. In
Continue Reading Court Slams the Brakes on “Black Car” Drivers’ Misclassification Case
Co-authored by Robert S. Whitman and Howard M. Wexler
Although the U.S. Open came to an end earlier this month in Flushing Meadows, New York, match point remained to be played for the tournament’s umpires. In Meyer v. United States Tennis Association, Judge Andrew Carter of the Southern District of New York shot a cross-court winner for the USTA,
Continue Reading Game, Set, and Match: USTA Aces Umpire Misclassification Case
Co-authored by Gerald L. Maatman, Jr. and Matthew J. Gagnon
In a huge win for restaurant companies everywhere, Judge William Dimitrouleas of the U. S. District Court for the Southern District of Florida recently decertified a nationwide collective action against Darden Restaurants, Inc. – the corporate home of such iconic brands as Olive Garden and LongHorn Steakhouse – in Mathis
Continue Reading A WRONG IS RIGHTED: DARDEN’S POLICIES VINDICATED IN DECERTIFICATION OF NATIONWIDE COLLECTIVE ACTION
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 Steve Shardonofsky and Maya Harel
In opposing class- or collective-action certification, employers often submit declarations from current employees stating that they have been paid properly and have not been subject to whatever unlawful policy or practice is at issue. There is an increasing trend in courts across the country to reject these type of declarations on the basis
Continue Reading When Is A Footnote Not Just A Footnote? When It Helps Level The Playing Field For Employers in Class- And Collective-Action Certification Battles…
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
Authored by Alex Passantino
It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.
Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review
Authored by Steve Shardonofsky
What happens when an object with greater mass collides with a smaller object? Yes, the smaller object typically bears the brunt of the force and splits into two or more pieces. According to a recent decision by Judge Keith Ellison of the Southern District of Texas, this is exactly what happens when Fifth Circuit precedent collides
Continue Reading TO MOOT OR NOT TO MOOT—THE FIRST FLSA CASE IN TEXAS TO GRAPPLE WITH THE GENESIS HEALTHCARE RULING
Authored by Noah Finkel and Dennis Clifford
We often question the utility of the “lenient standard” for conditional certification under the FLSA. All too often, courts grant conditional certification of a collective action based on nothing more than a recitation of the “lenient standard” involving a “modest factual showing,” followed by reference to scant evidence that provides no insight into
Continue Reading Now Showing On A DVD Player Near You: The Lenient-Standard Monster
By 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