Tag Archives: “class actions”

Dealing With COVID-19 In Your Workplace Without Inviting Future Class Actions

By Gilbert Brosky on March 23, 2020 Posted in Class Action Litigation

You don’t need us to tell you that it’s not an easy time to be an employer. With ever growing concerns over employee safety, business operations, costs, and complying with new and rapidly evolving legislation as a result of COVID-19, getting your business through the next day can seem overwhelming enough. However, it is important … Continue Reading

Courts Remain Skeptical of Certifying Data Privacy Class Actions

By Greg Mersol, James Morrison and Curt Roy Hineline on January 14, 2019 Posted in Class Action Litigation, Rule 23

In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions. Indeed, to date we know of only four decisions that have addressed class certification of data privacy actions, excluding settlement certification, and only one of those addresses … Continue Reading

Supreme Court Accepts Certiorari In Security Screening Case

By Greg Mersol on March 20, 2014 Posted in Uncategorized

We’ve written at least twice now on class actions arising out of time spent by employees going through security lines, primarily at the end of their shifts. The question is whether and when such time might be compensable under the Portal-to-Portal Act. One of the critical issues is whether the security is being undertaken primarily … Continue Reading

Sutherland Case Reveals Problems In Applying Effective Vindication Of Rights Analysis To Class Action Waivers

By John Lewis on March 18, 2013 Posted in FLSA, Wage and Hour

Introduction In April 2010, Stephanie Sutherland (“Sutherland”) filed a putative class action against Ernst & Young under the Fair Labor Standards Act (“FLSA”) and New York law claiming that low-level accountants were improperly deprived of proper compensation for time worked in excess of 40 hours per week. Ernst & Young filed a motion to dismiss … Continue Reading