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Seventh Circuit Issues New Standard on Class Notice to Employees who Signed...

The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate a plaintiff’s request that the court authorize...

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Fifth Circuit: Arbitrator Properly Interpreted Arbitration Agreement to Allow...

Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards...

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No Personal Jurisdiction Over Out-of-State Employees’ Claims to Certify FLSA...

In Weirbach v. Cellular Connection, LLC, a federal district court in Pennsylvania declined to conditionally certify a nationwide collective action under the Fair Labor Standards Act (FLSA) because it...

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The Meaning of “Similarly Situated” Is Teed up for SCOTUS

The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)?...

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Pandemic Necessitates Review of Donning and Doffing Policies

As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their...

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SDNY Certifies for Immediate Appeal Its Ruling That Fox Searchlight Interns...

In the spring of 2010, Nancy Leppink, then-acting administrator of the Department of Labor’s Wage and Hour Division sent shock waves throughout the employer community and inspired the plaintiff’s wage...

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Employer Defeats FLSA Conditional Certification of Nationwide Class Of Former...

Given the lenient standard of proof required of plaintiffs, experienced wage and hour attorneys agree that employers, in most jurisdictions, fight an uphill battle when trying to defeat conditional...

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Department Store Retailer Defeats Class Certification Of State Wage-Hour...

Plaintiffs seeking to certify a California class of current and former assistant stores managers and other differently titled managers and associates were denied class certification of their state law...

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Jackson Lewis Class Action Summit 2013 in NYC

On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City.  The purpose of the event was to inform...

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Denying Motion for Conditional Certification, Court Says FLSA Notice and...

The District Court for the Southern District of New York refused to conditionally certify a collective action under the Fair Labor Standards Act (“FLSA”) acknowledging that although the bar for...

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