No “One-And-Done” Rule For FLSA Collective Actions Perhaps it’s a tad unrealistic, but here’s hoping that John Calipari’s one-and-done recruiting strategies start influencing FLSA jurisprudence now that he’s finally won a national championship. From an employer’s perspective, it’s hard to tell whether the recent denial of conditional certification in Jenkins v. The TJX Companies is … Continue Reading
Three years ago, in Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008), the Eleventh Circuit affirmed a large jury verdict in a collective action against the Family Dollar Store retail chain challenging the exempt status of its store managers. That victory, however, proved to be no guarantee of success in later … Continue Reading
The Second Appellate District in California recently affirmed a trial court’s refusal to certify a class of store managers in Mora, et al. v. Big Lots Stores, Inc.pdf., Case No. B221949 (April 18, 2011). Whether this case should be treated as a welcome sign for employers, however, remains an enigma wrapped inside a riddle (served … Continue Reading