One can only imagine the outcome the plaintiffs’ attorneys were anticipating: a case against the financial industry, involving non-exempt employees subject to an auto-deduct policy for meal periods, in the Southern District of New York. It seems like a laundry list of many types of claims that have been certified, and they no doubt expected … Continue Reading
As we wrote on August 31, many plaintiffs and defendants assume, if often implicitly, that conditional certification of an FLSA class is tantamount to a win for the plaintiffs. This is so even though conditionally certified classes are frequently decertified later in the case. In fact, conditional certification, despite having the name “certification” in its … Continue Reading