Tag Archives: off-the-clock

Another Off-the-Clock Case Felled by Time Study

Last week, we discussed the decision of the Northern District of California in Rodriguez v. Nike Retail Services, Inc., Case No. 14-cv-01508-BLF (N.D. Cal. Sept. 12, 2017), in which the employer’s use of a time study resulted in summary judgment being granted against the entire class in an off-the-clock case involving post-shift bag searches. That court … Continue Reading

Illinois Appellate Court Reverses Certification in Off-the-Clock Case

With many of the most common sources of overtime claims being exhausted (e.g., assistant manager cases), plaintiffs are bringing off-the-clock cases in increasing numbers. While employers should certainly pay nonexempt employees for the hours they work, these claims are being asserted based on ever-more vague allegations. The benefit to the plaintiffs (or their attorneys) is … Continue Reading

Judges Refuse Certification of Off-the-clock Wage and Hour Cases

Employees at O’Hare Encounter Delays of a Different Kind The Northern District of Illinois has now either decertified or refused to certify two “off the clock” cases involving hourly workers at O’Hare Airport. Neither case involves O’Hare employees per se, but both involve large contractors and highlight the pitfalls for plaintiffs in large off-the-clock cases. … Continue Reading

Court Rejects Pseudo-Expert Reports and Refuses to Certify Off-the-Clock Case

Off-the-clock cases involving call centers have been in vogue for a number of years despite lingering issues regarding whether they can truly be resolved on a class-wide basis.  A recent case from the District of Maryland, Faust v. Comcast Cable Communications Management, LLC, Civil Action No. WMN-10-2336 (July 15, 2014), suggests that they cannot.  Further, … Continue Reading

California District Court Rejects FLSA Settlement Due to 78% Fee Award

. . . but is the problem the courts’ use of percentages? Without settlements, class action litigation would likely grind the work of our nation’s courts to a halt.  One impediment, however, to settlement in many cases is the amount of attorney fees.  Particularly in smaller cases, or cases involving relatively minor alleged violations (e.g. … 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

Missouri Court Denies Conditional Certification Of Off-The-Clock Case

In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend that they were somehow discouraged from recording their time.  These cases are almost impossible to handle on a class-wide basis because, virtually … Continue Reading

Ohio District Court Denies Conditional Certification In FLSA Case

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in so-called “off-the-clock” cases.  A recent decision from the Southern District of Ohio reflects that obtaining conditional certification can also be difficult where … Continue Reading

Court Denies Conditional Certification of Class of Debt Collectors

If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more likely than not, the employer’s chances improve either when (1) the claims are for off-the-clock time; or (2) the … Continue Reading

Texas Court Denies Conditional Certification of Proposed FLSA Class of Loan Processors

While many courts apply a lighter standard for the conditional certification of putative FLSA classes, employers tend to prevail more often on so-called “off-the-clock” cases, as a recent case from the Southern District of Texas demonstrates.  In Griffith v. Wells Fargo Bank N.A.pdf., Case No. 4:11-DV-1440 (S.D. Texas), the plaintiff contended that the employer required … Continue Reading

Court Decertifies FLSA Collective Action Against IBM

We’ve commented before that employers defending collective actions under the FLSA generally fare far better on a motion to decertify than one for conditional certification, and a recent case reflects that fact.  In Seward v. International Business Machine Corp.pdf., Case No. 08-CV-3976 (S.D. N.Y.,  March 9, 2012), the plaintiffs sought to represent a class of … Continue Reading

Third Time Isn’t the Charm When Court Refuses to Grant Certification of a State Law Opt-Out Class

There’s a saying in Hollywood – “The last sequel is the one that doesn’t make any money.”  Unfortunately for moviegoers, too often a franchise is exhausted beyond its foreseeable lifespan by a studio looking to cash in on characters one last time before the end, despite an audience’s waning interest in the series.  Thus, instead … Continue Reading
LexBlog