Co-authored by Robert Whitman, Cameron Smith, and Meredith-Anne Berger
Former brokers of Fordham Financial Management will have to put this one in the “loss” column. Judge Paul Crotty of the Southern District of New York granted Fordham’s motion to decertify the FLSA collective in their lawsuit alleging they were misclassified as independent contractors.
The brokers initially succeeded in
Continue Reading Brokers Take a Bath in FLSA Collective Action
Co-authored by Robert Whitman and Adam Smiley
While most New Yorkers rode out last weekend’s blizzard by binge watching television or enjoying playoff football, three Second Circuit judges apparently spent their time more productively, as the court on Monday issued an amended decision in its landmark ruling from last summer on unpaid internships.
As we have previously reported, the
Continue Reading Second Circuit Leaves Interns in the Cold—Again
Authored by Noah Finkel
As noted by this blog on several occasions, including most recently here, the U.S. Supreme Court and several appellate courts have grappled with the question of whether and to what extent a defendant facing a class or collective action can moot a case by offering a plaintiff complete relief under Rule 68 or in a
Continue Reading Reports of the Death of the Mootness Maneuver Are Greatly Exaggerated
Authored by Michael W. Kopp
In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc. v. Bouaphakeo, to address (1) the use of statistical averaging in class actions to prove liability and damages,
Continue Reading Another Watershed Moment for Class Actions? SCOTUS to Address Limits on Statistical Proof in Class and Collective Actions
Co-authored by Michael Wahlander and Noah Finkel
It is not every day that multi-million dollar wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar issues. In one, the Court reversed a judgment of more than $18.7 million,
Continue Reading Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat
Authored by Simon L. Yang
Final approval of a class action settlement sometimes isn’t so final.
At least that’s what the Ninth Circuit reminded Labor Ready Southwest, Inc. and a class of current and former employees earlier this week. On Tuesday, the Ninth Circuit vacated an order granting final approval of their class settlement of FLSA and California Labor Code
Continue Reading Not So Fast (and Not So Final): Ninth Circuit Tells District Court to Reconsider Final Approval of Class Settlement
Authored by Steve Shardonofsky
In the beginning, the U.S. Supreme Court decided in Genesis Healthcare that an FLSA case is moot when the plaintiff accepts an offer of full relief. As we noted in our previous blog, the decision left open, however, the question of what happens when the plaintiff affirmatively declines the offer or when the offer expires,
Continue Reading Genesis Healthcare May Be Merely the First Book in Bible on Mooting Class/Collective Actions
Authored by Geoffrey Westbrook
After more than four years of litigation, Citibank hauled in a significant victory last week against putative class and collective actions in Ruiz v. Citibank. Personal bankers from California, New York, Washington D.C. and other states alleged that Citibank withheld overtime pay under a nationwide scheme encouraging off-the-clock work. Although finding “systematic violations at the
Continue Reading Citibank Cashes In With Big Win On Nationwide Overtime Class and Collective Actions
Authored by Gena D. Usenheimer
Hourly pharmacists for CVS in California were forced to swallow a bitter pill late last year when Judge S. James Otero of the Central District or California denied their motion for class certification on claims for unpaid off-the-clock and overtime work.
The plaintiffs alleged that they were forced to work additional hours without pay in
Continue Reading Bad Medicine: California Pharmacists Lose Bid For Class Certification
Authored by Noah Finkel
The Tampa Bay Buccaneers had a tough week last week. It wasn’t just their loss to the Detroit Lions. Defeats on Sundays are something with which the Bucs have grown accustomed. Rather, last week the 11th Circuit Court of Appeals held that the Bucs’ attempt to have an adverse judgment against themselves would not end a
Continue Reading Can’t Win For Losing? Try Offering Complete Relief, Not Rule 68