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U.S.S.C.: Arbitration Agreement “Silent” as to Class Actions Allows For Same
Oxford Health Plans LLC v. Sutter Although not an FLSA case, this case has far ranging effects throughout the litigation and arbitration worlds. The issue presented to the Court was whether an...
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9th Cir.: Hybrid Actions Permissible; State Law Opt-out Class May Proceed In...
Busk v. Integrity Staffing Solutions, Inc. As more and more circuit courts come into conformity and hold that so-called hybrid actions—where employees seek to certify state law claims as opt-out class...
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S.D.Ohio: Stage I Scrutiny Applied to Motion for Conditional Certification,...
Engel v. Burlington Coat Factory Direct Corp. In a scenario that seems to be playing out more and more throughout the country, given the prevalence of FLSA collective action filings, this court was...
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S.D.N.Y.: Existence of Arbitration Agreements for Some (Not All) Employees in...
Romero v La Revise Associates, L.L.C. This case was before the court on plaintiff’s motion for conditional certification. The case concerned allegations of impermissible tip credit, inadequate notice...
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11th Cir.: District Court Correctly Refused to Enforce Arbitration Agreement...
Billingsley v. Citi Trends, Inc. Employers seem to getting increasingly aggressive with class waivers, arbitration agreements in the wake of recent high court rulings which are seemingly boundless. In...
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S.D.N.Y.: Following Conditional Certification, Court Permits Notice Via...
Mark v. Gawker Media LLC As is often the case, in its order granting plaintiff’s motion for conditional certification and to permit notice, the court in this case ordered the parties to confer...
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6th Cir.: Collective Action Waivers in Employees’ Separation Agreements Did...
Killion v. KeHE Distributors, LLC Although this one is not exactly breaking news, we are discussing it because of its importance in the general landscape of FLSA jurisprudence. As discussed here, this...
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Courts Reach Different Conclusions Regarding Whether FLSA Plaintiffs Should...
Although the issue comes up from time to time, there are few decisions discussing whether FLSA plaintiffs and opt-in plaintiffs may proceed with their claims anonymously notwithstanding the federal...
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N.D.Ga.: Defendant Barred from Unilateral Meetings With Putative Class...
Wilson v. Regions Financial Corporation This case was before the court for consideration of the parties’ Joint Statement regarding restrictions on communications with putative class members, as...
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Courts Reject Defendants’ Attempts to Require Opt-ins to Provide Detailed...
Aware that the more information putative class members are required to provide, the less likely they are to opt in to the case by submitting a consent to join, it is not unusual for FLSA defendants to...
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