misclassification claims

Co-authored by Steve Shardonofsky and Maya Harel

In opposing class- or collective-action certification, employers often submit declarations from current employees stating that they have been paid properly and have not been subject to whatever unlawful policy or practice is at issue.  There is an increasing trend in courts across the country to reject these type

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

Co-authored by Tim Watson and Barry Miller

In the ongoing battle between the Department of Labor and the financial industry over the exempt status of mortgage loan officers, the Mortgage Bankers’ Association (MBA) struck the latest blow by filing suit seeking to vacate the DOL’s recent Administrator’s Interpretation (AI) declaring that mortgage loan officers, in