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
Co-authored by Abad Lopez and Noah Finkel
Despite the lenient standard employed by many courts on motions for conditional certification, a federal judge in Pennsylvania recently denied conditional certification of an FLSA collective action based on scant factual support. In Moore v. PNC Bank, N.A. [here], the court concluded that the plaintiff could not bring her claim as a
Co-authored by Arthur J. Rooney and Jeremy W. Stewart
When should a tipped employee no longer be treated as a tipped employee? Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash. Earlier this week, a District
Co-authored by: Jeremy W. Stewart and Kyle Petersen
On January 10, 2013, U.S. District Judge Barbara Crabb of the United States District Court for the Western District of Wisconsin issued an order denying the plaintiffs’ motion for class and collective action certification of unpaid meal period claims in Boelk, et al. v. AT&T Teleholdings, Inc., et al., No. 3:12-cv-0040-bbc
Authored by Alex Passantino
‘Twas the week after Christmas, and all through the land
Our readers were focused on their year ’13 plans;
And though we’ve no desire to knock you off track,
We thought that 2012 deserved one last look back.
Hours, exemptions, pay rates, and more;
Nearly 100 posts (for those keeping score).
We know every issue will not give you your
Continue Reading Sugar Plums and Regular Rate: 2012 Year In Review
Co-authored by Noah Finkel, Julie G. Yap, and Ashley Kircher
Finding the declarations from plaintiffs to be unreliable, a federal judge in Pennsylvania recently denied conditional certification of an FLSA collective action arising out of allegedly unpaid overtime for a proposed nationwide class of more than 9,000 retail representatives employed by Crossmark, Inc. Postiglione v. Crossmark, Inc.
Co-authored by Benjamin Briggs, Heather Havette, and Patrick Ryan
A federal judge in Georgia recently denied conditional collective-action certification for a proposed class of more than 65,000 hourly employees of the national restaurant chain Steak ‘n Shake. While the court’s opinion is notable in several respects, its most striking feature is the court’s apparent receptiveness to evidence that
Continue Reading Burger Chain Flips Plaintiffs’ Attempt for National Conditional Certification
Co-authored by Richard Alfred and Kevin Young
As readers of our blog know from prior posts, we have argued successfully before several courts that the Supreme Court’s landmark ruling in Wal-Mart Stores v. Dukes has an important impact on collective and class actions brought under the FLSA and state wage and hour laws. With its July 29th ruling in
Continue Reading Federal Court Takes Scalpel to Hospital Workers’ Proposed Meal Break Collective
Co-authored by David Kadue and Abad Lopez
For janitors cleaning Wal-Mart stores after business hours, the differences among members of the proposed class doomed their FLSA collective action. Although the janitors worked for Wal-Mart’s cleaning contractors, the janitors claimed that they were also employees of Wal-Mart and sued for unpaid wages. Zavala v. Wal Mart Stores, Inc. The Third Circuit’s