FLSA Conditional Certification Denied Too The position of mortgage loan officer has been a fertile source of wage and hour claims, but a recent case from the Central District of California reflects that certification of a class, even involving such a “target” position, is by no means guaranteed. In Fernandez v. Bank of America, Case … Continue Reading
While most class actions, like most actions generally, tend to settle, they are on occasion tried. In the case of wage and hour litigation, employers can and have prevailed at trial as demonstrated by a case from the Sixth Circuit. In Henry v. Quicken Loans Inc.pdf, Case No. 11-2125 (6th Cir. Oct. 25, 2012), the … Continue Reading
Jury trials of employment class actions are rare. If a case is certified, oftentimes the risk of going forward is simply too great for the employer, and it settles. Three recent cases, however, reflect that in those few class action cases that are tried, a plaintiff’s verdict is far from a certainty, particularly in the … Continue Reading