Monthly Archives: August 2010

21 Club “Gets Served” On Overtime Class Claims

“……and Please Remember to Tip Your Bartender And Waitress.” The famous 21 Club in New York was on the Curly end of a Larry-esque double-slap from the Southern District of New York last week. Alderman v. 21 Club.pdf Case No. 1:09-cv-2418 (Aug. 20, 2010). By way of background, the plaintiff employees in Alderman are seeking to … Continue Reading

Class Decertified in Case of Former Sales Representatives Asserting ERISA Claims

A federal court in New York decertified a class former sales representatives who claimed that Defendant Linvatec Corp. violated ERISA when it denied severance benefits after the division where the representatives worked was outsourced. Thompson v. Linvatec Corp., No. 6:06-CV-00404 (N.D.N.Y. 6/22/2010). After reviewing the plan documents, the court narrowed the original class definition of … Continue Reading

Seventh Circuit Finds Fluctuating Workweek Limits Overtime Liability, Sort Of…….

“… and God So Loved Employers, He Gave Them The Fluctuating Workweek Method.” From the “don’t look a gift horse in the mouth” desk, the Seventh Circuit recently saved an employer from a holy terror of a damages award (a solemn promise: each pun in this blog will be better than the next) in Urnikis-Negro … Continue Reading

Sixth Circuit Holds Class Members’ ERISA Claims Accrued When They Knew Their Benefits Changed

The Sixth Circuit recently reversed an injunction that required Caterpillar to pay lifetime health care costs to a subclass of 275 former employees upon finding the subclass members’ ERISA claims were time-barred.  Winnett v. Caterpillar, Inc., No. 06-00235 (6th Cir. 6/22/2010). The plaintiffs filed their lawsuit on March 28, 2006 and claimed Caterpillar breached a … Continue Reading