Tag Archives: Class Action
3d Cir.: Hybrids Are Permissible; Rule 23, FLSA Claims Not Incompatible
Knepper v. Rite Aid Corp. In one of the most anticipated wage and hour decisions pending at the circuit court level, the Third Circuit held yesterday that Rule 23 state law wage and hour class actions (opt-out) are not inherently … Continue reading
Filed under Class Certification, Collective Actions, Hybrid
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
E.D.Pa.: Defendant’s Attempt to Obtain Class Waivers From Absent Class Members While Motion for Conditional Certification Pending Impermissible; Corrective Measures Ordered
Williams v. Securitas Sec. Services USA, Inc. Before the court was the emergency motion of plaintiffs for a protective order and corrective mailing to address defendant’s improper communications with absent class members. While plaintiffs motion for conditional certification was pending … Continue reading
Filed under Class Waivers, Collective Actions
S.D.N.Y.: Because FLSA Collective Action Is Not A Class Action, FLSA Collective Action Subject To Arbitration Despite FINRA Rule Prohibiting Class Actions
Velez v. Perrin Holden & Davenport Capital Corp. Plaintiff brought this action alleging violations of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) on behalf of himself and other similarly situated stock brokers employed or … Continue reading
Filed under Arbitration, Class Certification, Collective Actions
7th Cir.: Collective Action FLSA Claims May Proceed In A “Hybrid Action” With State Law Rule 23 Claims
Ervin v. OS Restaurant Services, Inc. In this appeal the Seventh Circuit considered “whether employees who institute a collective action against their employer under the terms of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 … Continue reading
Filed under Class Certification, Collective Actions, Hybrid
D.R.I.: Collective Action FLSA Claims Not Mooted By Offer Of Judgment, In Full Satisfaction, To Named Plaintiff; Motion To Dismiss Denied
Nash v. CVS Caremark Corp. Plaintiff pled this lawsuit for overtime benefits as a “collective action” under the Fair Labor Standards Act (“FLSA”). That is, he purported to act on behalf of himself and “other employees similarly situated” pursuant to … Continue reading
Filed under Class Certification, Offer of Judgment
Wal-Mart To Pay $40 Million To Massachusetts Workers For Off-the-Clock Work Claims, Boston Globe Reports
The Boston Globe is reporting that the United States’ largest retailer, Wal-Mart has agreed to settle a collective action in Massachusetts for approximately $40 Million. “Wal-Mart Stores Inc., the world’s largest retailer, has agreed to pay $40 million to as … Continue reading
Filed under Wage and Hour News
9th Cir.: Court Abused Its Discretion In Finding Predominance Requirement Satisfied, Based-In Large Part-On Employer’s Internal Policy Of Treating Its Employees As Exempt From Overtime
In re Wells Fargo Home Mortg. Overtime Pay Litigation The case was before the Court on Defendant’s interlocutory appeal, challenging the reasoning of the lower Court in granting class certification on Plaintiff’s California state law claims. The dispute centered around … Continue reading
Filed under Class Certification
E.D.Cal.: Settlement Of Rule 23 And 216(b) Class Hybrid Action Requires Simultaneous Notice; Opt-out Notice Alone Insufficient To Bind Class On FLSA Claims
Wright v. Linkus Enterprises, Inc. Plaintiffs filed this action against Defendant for violation of various state and federal labor laws. Before the Court was Plaintiffs’ Unopposed Motion for Preliminary Approval of Settlement of their hybrid action, which consisted of both … Continue reading
Filed under Settlements
D.N.J.: Defendant’s Motion To Dismiss Opt-out NJWL Claims As Incompatible With FLSA Opt-in Claims Denied At Pleading Stage
Perry v. Freedom Mortg. Corp. This case was before the Court on Defendant’s motion to dismiss or strike count II of Plaintiffs Complaint, which alleged overtime law violations pursuant to the New Jersey Wage Law (“NJWL”). The Court denied Defendant’s … Continue reading
Filed under State Law Claims
