Tag Archives: 16(b)

Court Denies Conditional Certification of Proposed Class of Retail Representatives

We’ve written several times in the past about the two-step procedure now in vogue for the handling certification of collective actions under section 16(b) of the FLSA.  Under that procedure, a plaintiff first moves for “conditional certification,” which, despite its name, means only that the court is authorizing notice to the potential class members, and … Continue Reading

Another Court Finds Rule 23 State Law Class Actions Incompatible With FLSA Collective Actions

We’ve written several times this year about the wide split in authority regarding whether a plaintiff in a wage and hour case may bring both a collective action under the FLSA and a Rule 23 class action with respect to claimed parallel violations of state law. Apart from concerns over the management of simultaneous “opt-in” … Continue Reading