Jeffrey Vlasek

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The Supreme Court Confirms That Class Plaintiffs Must Take Their Bite of the Apple Sooner Rather Than Later

Although he is remembered as a Los Angeles Laker, Hall of Famer Kareem Abdul-Jabbar, as basketball trivia buffs know, actually began his NBA career on the Milwaukee Bucks. After turning down an offer to play for the Harlem Globetrotters, Abdul-Jabbar was drafted by the Bucks in 1969, where he won the MVP in his second … Continue Reading

California Supreme Court Tells Employers to Sit a Spell While Courts Review Individual Factors for Suitable Seating

“Shut the door. Have a seat.” The phrase immediately conjures emotions from the recipient. Most likely, life-changing (typically bad) news is about to be imparted. For Mad Men fans, it harkens to the third-season finale when the partners decide to split and start their own firm (and when Betty finally tells Don to take a … Continue Reading

Court Sends Plaintiffs Back to the Locker Room Unhappy When It Denies Conditional Certification

In January 2014, NFL Commissioner Roger Goodell raised eyebrows (and ire) when he announced that the league was considering eliminating the extra point after a touchdown.  As Goodell put it, “the extra point is almost automatic,” given that it is kicked from the twenty yard line, and it is exceptionally rare that a professional NFL … Continue Reading

Employees Seek To Take Bite From Apple (and Urban Outfitters)

Chances are that if you ask someone what they remember from the cult-classic Paul Verhoeven film Total Recall, they’ll recall (among other things) the sequence where Arnold Schwarzenegger attempts to sneak through security.  In the sequence, guards watch all of the citizens passing through on a large x-ray screen which depicts their skeletons (in glorious … Continue Reading

The Southern District of New York Rules That Internships Must Be Educational (Unlike the Vince Vaughn and Owen Wilson Film of the Same Name)

It has been said that the vast majority of movies coming out of Hollywood these days are “brainless.”  Despite that (often accurate) description, there are always a handful of films that manage to squeak into theaters and earn critical praise for their intelligent, thought-provoking stories, and educate the audience on a particular subject matter or character.  … Continue Reading

The Fourth Circuit Uncovers A Lack Of Certification Analysis In Recent Pinkerton Class Action

On November 6, 1860, Abraham Lincoln was elected the 16th President of the United States.  Shortly after his election, rumors of a possible plot to assassinate the decidedly pro-Union President-elect began to circulate.  With several Southern states threatening secession from the Union, the tension in the D.C. area was palpable.  On February 23, 1861, Lincoln … Continue Reading

The Seventh Circuit Affirms That The District Court Bit Off More Than It Could Chew By Affirming Decertification In Collective Action

Hollywood certainly believes that it’s often easier to reach back into the well than to spend time creating something new.  (See, e.g., any movie series that has more than one sequel.)  Sometimes, we here at the Employment Class Action Blog are no different.  Take, for example, this week’s Seventh Circuit decision in Espenscheid v. DirectSat, … Continue Reading

Second in Time, First in Right? The Third Circuit Reminds Us That The First-Filed Case Doesn’t Always Get to Go First

It’s difficult to capture lightning in a bottle, an idiom that is especially true in the world of television production. As we grind into the first full week of November, many of the new series that premiered only a few scant weeks ago have already vanished from the air. (Made in Jersey, anyone?) Indeed, for … Continue Reading

Eighth Circuit Affirms Jury Verdict Despite Confusion over Whether the Standard is Reasonable Time or Actual Time for Compensable Activities

Unless you’re one of the twelve people in the world who didn’t see The Avengers this summer, you can likely recall the scene where Tony Stark literally “steps out” of his Iron Man suit after landing on his penthouse ledge.  Indeed, the fictional billionaire has perfected the doffing of his hardware to a science—the machines … Continue Reading

The Seventh Circuit Affirms That You Should Be Careful What You Wish For

Movie villains are fueled by clichés.  For example, in American cinema, villains tend to be foreign (particularly during the Cold War).  See Die Hard (1988); Red Dawn (1984).  Movie villains also typically have a side-kick muscleman, who traditionally, kills using a gimmick.  See any James Bond film (but specifically Goldfinger (1964)).  However, one of the … Continue Reading

Judge Denies Class Certification as California Courts Continue to Weather the Wake of Brinker

Sometimes, when a heavily hyped movie arrives in theaters, the tremendous business it generates can have a negative effect on all the other surrounding films.  For example, The Avengers landed in American cinemas on May 4, 2012.  Since that time, not only has it racked up astronomical box office figures of its own (in fact, … Continue Reading

Pharmaceutical Companies Receive A Late-Season Pick-up With Regard To Seventh Circuit Ruling On Administrative Exemption

Early May in America is known for several things.  For most of us living outside the Sunbelt, the temperature manages to stay above 60 degrees consistently, flowers start to bloom in earnest, baseball season begins to heat up, and (perhaps most importantly), the annual tradition of waiting for television networks to announce what shows are … Continue Reading

California Court Proves That They’ll Print Anything These Days With Denial of Decertification in Newspaper Carrier Case

When James Bond brandishes his Walther PPK and walks into a printing plant, you know one thing is certain – you will be “treated” to at least a half-dozen newspaper puns.  And, since this article is about a recent California case involving newspaper carriers, it will, of course, be no different. Ever since Wal-Mart Stores, … Continue Reading

Plaintiffs Swallow Bitter Pill With Dismissal of Class Breach of ERISA Fiduciary Duty Claim for Alleged Wage and Hour Violations

The case of DeSilva v. North Shore-Long Island Jewish Health System, Inc., Case No. 10-CV-1341-JFB-ETB (E.D.N.Y. March 7, 2012), began small, like a lone cough one winter’s morning, before escalating into a full-blown cold, complete with hacking and wheezing.  At first there were six plaintiffs working as nurses.  After two amended complaints, however, the purported … Continue Reading

Western District of Pennsylvania Decertifies Funeral Home Worker Class and Reminds Plaintiffs They Can’t Take It With Them

Fair warning to our readers – most of the puns in this article will likely be dead on arrival. It goes without saying that for most of us, the last place we’re likely to be found (literally and figuratively) is inside of a funeral home. For the plaintiffs in Prise v. Alderwoods Group, Inc., Case … Continue Reading

The Southern District of New York Denies Conditional Certification of Proposed Overtime Class of Store Managers

Plaintiff Given a Bitter Pill to Swallow in Vitamin Shoppe Just as Harry Potter or Transformers will rule over the summer box office, the Supreme Court’s decision in Wal-Mart v. Dukes will undoubtedly reign supreme over the employment law class and collective action discussions for the summer of 2011.  But even amidst the big-budget thrills … Continue Reading

Third Time Isn’t the Charm When Court Refuses to Grant Certification of a State Law Opt-Out Class

There’s a saying in Hollywood – “The last sequel is the one that doesn’t make any money.”  Unfortunately for moviegoers, too often a franchise is exhausted beyond its foreseeable lifespan by a studio looking to cash in on characters one last time before the end, despite an audience’s waning interest in the series.  Thus, instead … Continue Reading