Authored 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
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
Co-authored by Richard Alfred and Jessica Schauer
The Supreme Court heard argument in Genesis Healthcare v. Symczyk on Monday. See Transcript. While the Supreme Court agreed to hear the case to decide whether putative collective actions under the Fair Labor Standards Act must be dismissed when the named plaintiff’s claim becomes moot, the argument focused on narrow procedural issues
Co-authored by Kristin McGurn and Timothy Nelson
Courts continue to reject automatic meal period deduction cases and offer useful guidance to hospitals that have been plagued by such cases for years. (Camilotes, Megginson, Wolman). In White v. Baptist Memorial Health Corporation, the Sixth Circuit endorsed the use of policies to automatically deduct time for unpaid
Continue Reading Plug Pulled On Another Automatic Meal Period Deduction Case
Co-authored by Noah Finkel, Kristin McGurn, and Laura Reasons
The United States District Court for the Northern District of Illinois recently decertified an FLSA collective action and denied certification of a Rule 23 class in Camilotes v. Resurrection Health Care Corporation, No. 10-cv-366 (Oct. 4, 2012). Camilotes is part of a rash of cases filed around the
Continue Reading Are Hospital Automatic Meal Period Deduction Cases Now On Life Support?
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 Richard Alfred and Loren Gesinsky
On June 25, 2012, the U.S. Supreme Court agreed to review whether an entire lawsuit is mooted when the employer in a Fair Labor Standards Act (FLSA) collective action makes an offer of judgment that would fully satisfy the sole plaintiff’s claims before any certification effort. (Genesis Healthcare Corp. v. Symczyk).