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Class Certification Over-Time Collective Actions

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Fox Rothschild LLP

Conditional Certification of an FLSA Collective Action Is Not a Foregone Conclusion in the Fifth Circuit

Fox Rothschild LLP on

The Western District of Texas recently denied a plaintiff’s motion to authorize notice to a purported collective of employees in a Fair Labor Standards Act (FLSA) case in Rodney Hoffman, on behalf of himself and all others...more

Seyfarth Shaw LLP

Did the 7th Circuit Just Provide a New Avenue to Defeat Certification of a State Law Overtime Claim?

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is...more

Seyfarth Shaw LLP

Advising On Their Own: Financial Advisors’ Class Claims Defeated

Seyfarth Shaw LLP on

Employers have a new tool for opposing conditional and class certification of overtime claims by financial advisors and other exempt employees—last week, a judge in the District of New Jersey denied conditional and class...more

BakerHostetler

Rule 68 Offer That Excludes Individual Claim Does Not Moot Putative FLSA Collective Action

BakerHostetler on

The recent decision in Silva v. Tegrity Personnel Svcs., Inc., Case No. 4:13-cv-00860 (S.D. Tex. 12/5/2013), suggests that some district courts haven’t fully embraced the Supreme Court’s holding in Genesis Healthcare Corp. v....more

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