Co-authored by Robert S. Whitman and Howard M. Wexler
Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage” certification is modest, courts may not approve such motions without evidence that the named plaintiffs are similarly
Continue Reading Don’t Judge a Conditional Certification Motion by Its Cover
Authored by Jessica Lieberman
The decision whether to reclassify employees whose exempt status is arguable can sometimes create something of a double bind for employers: reclassification should be the conservative approach, but it also can be risky if it is interpreted as evidence that the prior classification was wrong. For this reason, employers may fear that reclassification aimed at reducing
Continue Reading Taking a Pass on a “Reclass” Class (or Collective): Court Denies Reclassified Employees’ Certification Motion