Tag Archives: RICO

Sixth Circuit Addresses RICO and FLSA Claims

By Greg Mersol on July 2, 2020 Posted in FLSA

Successful FLSA plaintiffs will likely receive not only the claimed unpaid overtime or minimum wage, but also liquidated (double) damages and payment of their attorney fees. But what if they want . . . more? Will a RICO claim get them additional funds? That was the question the Sixth Circuit has answered in a pair … Continue Reading

Tenth Circuit Refers Au Pairs’ Class Claims to Arbitration

By Greg Mersol on November 5, 2018 Posted in Antitrust, Arbitration, Arbitration Agreements

“Well, They Gave Me the Agreement in My Own Language, but I Still Didn’t Understand the English Version” doesn’t work. The Federal Arbitration Act will turn 100 in the next few years, but despite more than nine decades of litigation, some opinions can be explained only by the “judicial hostility” to arbitration that caused the … Continue Reading

Eleventh Circuit Affirms Dismissal of RICO Claims

By Greg Mersol on March 18, 2014 Posted in Wage and Hour

Is there a statute with a better acronym than RICO? The Racketeer Influenced and Corrupt Organizations Act, apart from its great acronym, has been both a great success and a tool for misuse. We don’t often see RICO claims in the employment context, let alone employment class actions, and we can’t resist commenting on a … Continue Reading

Third Circuit Sets Forth Standards for Collective Actions and Affirms Decertification of Class

By Greg Mersol on August 21, 2012 Posted in FLSA

Those familiar with FLSA and ADEA collective action litigation are well familiar with the judicially created two-step process used by most courts. Under the first step, misnamed “conditional certification,” the court first applies a lenient standard to determine if the class members are “similarly situated.” If that standard is met, the court authorizes notice to … Continue Reading