Co-authored by Kristin McGurn and Kevin Young

Seyfarth Synopsis: At a time when the Massachusetts meal break landscape is increasingly friendly to employees, a federal judge in the state recently denied class certification in a meal break case, Romulus, et al. v. CVS Pharmacy, Inc. At issue were store policies, common in retail, that called for in-store key-holder coverage whenever
Continue Reading Should I Stay or Should I Go Now: Federal Court Denies Class Certification to Supervisors Claiming In-Store Meal Breaks Violate Massachusetts Law

Authored by Michael W. Kopp

In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc. v. Bouaphakeo, to address (1) the use of statistical averaging in class actions to prove liability and damages,
Continue Reading Another Watershed Moment for Class Actions? SCOTUS to Address Limits on Statistical Proof in Class and Collective Actions

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 Schauer Lieberman

This week, the U.S. District Court for the District of Massachusetts took retailer Lowe’s advice to “never stop improving” — on the class certification standard.  The court issued a decision that may demonstrate that employers are gaining ground in convincing district courts to more narrowly interpret the class certification requirements in light of recent Supreme
Continue Reading Lowe’s Raises the Bar on Class Certification

Fourth Circuit.bmpCo-authored by Richard Alfred and Kevin Young

Since the Supreme Court decided Dukes v. Wal-Mart in June 2011, litigants have wrestled over its impact on wage-hour class and collective actions.  Plaintiffs typically argue that Dukes should be limited to its context—a mega Title VII discrimination case brought as a Rule 23(b)(2) class action.  Defendant-employers respond—correctly in our view—that the principles

Continue Reading Fourth Circuit Tells Wage and Hour Plaintiffs to Put Up With Dukes

Seventh Circuit.jpgCo-authored by Laura Reasons, Giselle Donado, and Noah Finkel

In an opinion likely to make it more difficult for wage-hour plaintiffs to certify a class action and maintain certification of a collective action, the Seventh Circuit affirmed the Western District of Wisconsin’s decertification decision in Espenscheid v. DirectSat USA, LLC on the grounds that trial was not manageable

Continue Reading Seventh Circuit Raises The Bar On Collective And Class Certification of Wage-Hour Claims

N.D. Ohio.bmpAuthored by Kristin G. McGurn

A federal judge in the Northern District of Ohio continued a recent trend in automatic meal break deduction litigation by decertifying a conditionally-certified nationwide class of HCR Manorcare’s nursing home employees (click to link HERE). The potential class included 44,000 current and former HCR workers from 300 short- and long-term assisted living, skilled nursing

Continue Reading Rehabilitating Long-Term Care Provider’s Auto-Deduct Defense: Decertification at Last

supreme court.jpgCo-Authored by Richard Alfred, Patrick Bannon and Jessica Schauer Lieberman

In the year and a half since the United States Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, litigants, courts and even the Supreme Court itself have continued to analyze the legal standard for certification of Rule 23 class actions.  The Supreme Court heard oral argument yesterday

Continue Reading Supreme Court Considers Evidence Needed for Certification of Broad(band) Class

scapel.jpgCo-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

bduking.jpgCo-authored by Richard Alfred and Kevin Young

It has been more than a year since the Supreme Court’s landmark ruling in Wal-Mart Stores, Inc. v. Dukes, and its impact on wage and hour class actions remains hotly debated.  While plaintiffs’ attorneys have argued that the decision is limited substantively to discrimination cases and procedurally to Rule 23(b)(2) class actions

Continue Reading Still Duking it Out: Ninth Circuit Considers Impact of Dukes on Wage and Hour Class Actions