Co-authored by Kevin Young and Kara Goodwin
Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford employees freedom and flexibility, instead trip over one of many hurdles scattered across the
Continue Reading The Road to FLSA Litigation is Often Paved With Good Intentions
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
Co-authored by Kara Goodwin and Noah Finkel
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work time. If the Supreme Court accepts the case, it would also provide an excellent opportunity for the
Continue Reading No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work
Co-authored by Julie Yap and Michael Cross
Seyfarth Synopsis: The California Court of Appeal affirmed a denial of class certification on the ground that the plaintiff’s expert report failed to establish claims could be determined on common evidence. The ruling highlights that trial courts are permitted to weigh conflicting evidence related to whether common or individual issues predominate. While expert
Continue Reading Battle of the Experts on Class Certification: A Win for Employers
Co-authored by Howard M. Wexler and Louisa J. Johnson
Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action complaint alleging unpaid meal breaks. Just two days before Thanksgiving, in Babcock et al. v. Butler County
Co-authored by Catherine M. Dacre, Tamara Fisher, and Simon L. Yang
When an employer has a denial of class certification remanded by an appellate court, it has a reason to worry. And while the employer might breathe a sigh of relief when the district court on remand again denies class certification, nothing is certain when that decision also
Continue Reading Appellate Court Delivers for FedEx—Second Class Cert Denial Affirmed by Ninth Circuit
Authored by Michael W. Kopp
Ordonez v. RadioShack, Part II is the end-of-summer sequel you do not want to miss. It features our protagonist, the “uniform rest break policy,” a sinister cast of declarations of similar treatment, a harrowing finding of unlawfulness, a dramatic second run by plaintiff at class certification, and the court’s emphatic second opinion denying plaintiff’s
Continue Reading Uniform Break Policies Are Not Uniformly Suited for Class Treatment
Co-authored by Jacob Oslick and Timothy Rusche
California requires written waivers if an employee misses a second meal break, right? Not exactly, clarified the California Court of Appeal in Fayerweather v. Comcast Corp. Instead, a waiver only is needed if the employer makes an employee miss a second meal break and not if the break is voluntarily skipped. The court
Continue Reading The New Comcast Decision: Not Hungry? No Meal Break Waiver Needed.
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
Authored by Kyle Petersen
What happens if plaintiffs break their promise to present evidence that their claims can be decided on a classwide basis at trial? In Dilts v. Penske Logistics, LLC, the Plaintiffs found out this harsh lesson when the Court decertified the case mid-trial because Plaintiffs failed to present classwide proof of their claims. This decision out
Continue Reading Court Makes A U-Turn and Decertifies Class At Trial