Tag Archives: “meal and rest breaks”

Dukes Of Hazard: Uniform Auto-Deduct Meal/Break Policy Insufficient to Establish 23(a)(2) Commonality

The Supreme Court’s Wal-Mart Stores, Inc. v. Dukes opinion has once again played Bo and Luke to a plaintiff’s Boss Hogg. The plaintiffs in Raposo v. Garelick Farms LLC, Case No. 11-11943, D. Mass. (July 11, 2013), were truck drivers who made deliveries out of two locations operated by a dairy distribution company.  The company … Continue Reading

Pennsylvania District Court Denies Certification Of Off-The-Clock Case (Again)

“If at first you don’t succeed, try, try, again,” or so the adage goes.  A recent case suggests that may not always be the right strategy or, more apropos to this blog, that off-the-clock cases make poor fodder for class action claims.  In Hernandez v. Ashley Furniture Industries, Inc., Civil Action No. 10-5459 (E.D. Pa. … 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

Ohio District Court Decertifies Class of Health Care Workers in Meal Break Case

We’ve commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in Fair Labor Standards Act cases.  Under that procedure, courts will typically apply a lenient standard for “conditional certification,” really notice to the class, at the first stage.  Following an opt-in … Continue Reading

Sixth Circuit Affirms Summary Judgment and Decertification of Auto-Deduction Overtime Case

Punching in and out for meals and breaks is a pain – both for the employees and the employer.  As a result, many employers use so-called auto deduction policies for meal periods and breaks, letting employees take their rest periods without punching in and out, but deducting a set time, usually 30 minutes for the … Continue Reading
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