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

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

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

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

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

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

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

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

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