Tag Archives: “putative class”

Ninth Circuit Affirms Decertification of FLSA Off-the-Clock Case

No, that isn’t a typo – it was the Ninth Circuit. Those familiar with collective action litigation are already familiar with the two-step paradigm most courts use to evaluate collective action claims. In the first stage, commonly misnamed “conditional certification,” the court determines whether to authorize notice to the putative class. In doing so, most courts … Continue Reading

Choice of Law/Statute of Limitations Thwarts Class

Differences among putative class members are frequently the heart of the employer’s defense to a class action lawsuit.  Such differences implicate the elements of commonality and typicality and possibly even adequacy of representation under Rule 23(a) and also erode or destroy the predominance and superiority requirements of Rule 23(b)(3).  These differences usually spring from the … Continue Reading
LexBlog