Tag Archives: Overtime Claims

Merits Trump Certification Issues in Two Southern District of New York Cases

Photo of Greg MersolBy Greg Mersol on Posted in Class Certification, Independent Contractors, Overtime Claims
Three years ago, the Supreme Court found in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551-52 (2011) that courts “frequently” will need to look to the merits in determining whether certification is appropriate, particularly where the issues of the merits and certification may overlap.  Despite this pronouncement, plaintiffs often assert that courts should … Continue Reading

Federal Court In New York Decertifies FLSA Collective Action Of 1,000 Hospital Workers Challenging Auto-Deduct Policy

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in Conditional Certification, FLSA
Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies.  A recent case, arising out of the Eastern District of New York, a jurisdiction that has generally been friendly to plaintiffs in this arena, suggests that such claims may ultimately fail. In … Continue Reading

Eighth Circuit Affirms Summary Judgment On Overtime Claims For Class of Tax Professionals

Photo of Greg MersolBy Greg Mersol on Posted in FLSA, Overtime Claims, Rule 23
Relatively few FLSA cases are certified and then reach a court of appeals on the merits, but that recently happened before the Eighth Circuit.  In Petroski v. H&R Block Enterprises, LLC, Case No. 13-2076 (8th Cir. May 2, 2014), the plaintiffs were tax preparers who worked for H&R Block.  They brought suit under the FLSA … Continue Reading

Florida District Court Rejects ERISA Claims Premised on Alleged FLSA Violations

Photo of Greg MersolBy Greg Mersol on Posted in ERISA, FLSA, Retail, Rule 23
Plaintiffs in most class and collective actions try to plead their claims in such a way as to exert the maximum pressure against the employer.  In some instances, that raises the issue of whether the plaintiff should assert one, clear claim or several.  Having only one claim places the issues more starkly, but oftentimes plaintiffs … Continue Reading
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