Monthly Archives: September 2011
S.D.Cal.: Although Arbitration Agreement With Class Waiver Enforceable, Confidentiality Provision Stricken as Unconscionable Because Overbroad
Grabowski v. Robinson This case was before the court on defendant’s motion to compel arbitration on an individual (rather than class) basis. Although the court noted that plaintiffs were required to sign the arbitration agreement contained in their compensation agreements, … Continue reading
Filed under Arbitration, Class Certification, Class Waivers
E.D.Pa.: Dukes Does Not Affect Court’s Analysis On 216(b) Conditional Cert Motion; Defendant’s Motion to Reconsider Denied
Spellman v. American Eagle Exp., Inc. In one of the first decisions, post-Dukes, to clarify what affect the Supreme Court’s recent decision will have on conditional certification of FLSA cases, the answer appears to be not much. In Dukes, the … Continue reading
N.D.Ga.: Exotic Dancers Are Employees Not Independent Contractors; Entitled to Minimum Wages and Overtime
Clincy v. Galardi South Enterprises, Inc. This case was before the court on numerous motions. As discussed here, the judge granted plaintiffs’ motion for summary judgment and denied defendants’ cross motion, holding that plaintiffs’- exotic dancers or strippers- were defendants’ … Continue reading
Filed under Employer, Independent Contractor vs Employee, Minimum Wage, Tips
M.D.Fla.: Defendant Does Not Moot FLSA Case By Tender of Unpaid Wages/Liquidated Damages, Absent Payment of Reasonable Attorneys Fees and Costs
Klinger v. Phil Mook Enterprises Following the recent 11th Circuit decision Dionne v. Floormasters, the blogosphere has been abuzz with articles positing that the decision gave employers the green light to engage in wholesale wage theft and take a wait … Continue reading
Filed under Offer of Judgment, Settlements
9th Cir.: Social Workers Not Exempt Under FLSA; Not “Learned Professionals” Due to Non-Specialized Course of Studies
Solis v. Washington This case was before the Ninth Circuit of the Secretary of Labor’s appeal of an order granting the defendant summary judgment. The court below had held that plaintiffs- social workers employed by the State of Washington- were … Continue reading
Filed under Exemptions
W.D.Mo.: Court Has Subject Matter Jurisdiction Over Claims That Could Be Brought By Members of Putative Class, But Could Not Be Brought By Named Plaintiffs
Nobles v. State Farm Mut. Auto Ins. Co. This case concered off-the-clock claims that were brought as a so-called hybrid case, so named because the claims asserted were a hybrid of several state wage and hour laws, as well as … Continue reading
Filed under Collective Actions, Uncategorized
3d Cir.: Defendant May Not “Pick Off” a Putative Collective Action by Tendering Full Relief to Named-Plaintiff at Outset
Symczyk v. Genesis Healthcare Corp. In an issue that has now been addressed by several circuits in recent years, the Third Circuit was presented with the question of whether a defendant-employer in an FLSA case may “pick off” a putative … Continue reading
Filed under Collective Actions, Offer of Judgment
