Tag Archives: Decertification

Missouri District Court Decertifies FLSA Class of IT Workers

Photo of Greg MersolBy Greg Mersol on Posted in FLSA
We’ve noted before that while conditional certification motions are often granted, such classes fare far less well at the second decertification stage and just as poorly on the eve of trial. See: “Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case” from Sept. 21, 2018, and “Ohio District Court Decertifies Class of Health Care Workers in … Continue Reading

Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case

Photo of Greg MersolBy Greg Mersol on Posted in Collective Action, FLSA
No, that isn’t a typo – it was the Ninth Circuit. Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims. In the first stage, commonly misnamed “conditional certification,” the court determines whether to authorize notice to the putative class. In doing so, most courts … Continue Reading

New York District Court Grants Summary Judgment Against FLSA Class of Insurance Claims Adjusters

Photo of Greg MersolBy Greg Mersol on Posted in Conditional Certification, FLSA
In a number of cases, the plaintiffs’ strategy in collective active litigation under the Fair Labor Standards Act may fall into a familiar pattern:  file the case, do minimal discovery, move for conditional certification under the first-tier lenient standard, and then settle before decertification.  While frustrating for employers, it can be, and often is, a … Continue Reading

Court Decertifies Overtime Class of Retail Store Managers

Photo of Greg MersolBy Greg Mersol on Posted in Nonexempt Status, Overtime Claims, Retail, Wage and Hour
Nothing succeeds like success.  Four years ago, in Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008), the Eleventh Circuit upheld a $35+ million jury award against the Family Dollar store discount chain for allegedly misclassifying its store managers as exempt.  Predictably, retailers, already a target (no pun intended) of such litigation, … Continue Reading

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

Photo of Jeffrey VlasekBy Jeffrey Vlasek on Posted in Independent Contractors, Overtime Claims, Wage and Hour
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

Court Decertifies FLSA Class of AT&T Mobility Retail Workers

Photo of Greg MersolBy Greg Mersol on Posted in FLSA, Overtime Claims, Retail
As we have commented before in this blog, courts considering certification of collective actions under the FLSA often use the two-step procedure generally attributed to the court in Lusardi v. Xerox Corp., 118 F.R.D. 351 (D.N.J. 1987).  Under that procedure, the court first determines whether to “conditionally” or “provisionally” certify the class.  This first step typically relies … Continue Reading
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