Co-authored by Robert S. Whitman and Needhy Shah

Seyfarth Synopsis: A judge in the Southern District of New York held that FLSA off-the-clock claims could not proceed collectively because the employer’s policy enforcement and approval of overtime compensation varied by supervisor.

In Lynch v. City of New York, Judge Katherine Forrest rejected an attempt to prosecute a single collective
Continue Reading “Similarly Situated” Seriously Scrutinized by Southern District

Cleaner.jpgCo-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

Continue Reading Hard Day’s Night for Late Shift Janitors: Third Circuit Sets a Higher Standard for Certification of FLSA Collective Actions and Upholds Decertification of Claims Against Wal-Mart