U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive Right

By Joel Griswold on July 2, 2014 Posted in Collective Action, FLSA

In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a collective action under the Fair Labor Standards Act is a non-waivable, substantive right. In Walthour v. Chipio Windshield … Continue Reading

Dukes Decision Results In Decertification of California Overtime Case

By Greg Mersol on July 14, 2011 Posted in FLSA

When the much anticipated decision is Wal-Mart Stores Inc v Dukes.pdf was announced (see our post analyzing of the decision), many commentators, us included, believed it would significantly change the landscape of employment class actions. While the case involved allegations of sex discrimination, much of the language appeared to apply to other types of class actions, including those … Continue Reading

Court Denies Conditional Certification of FLSA Class of Satellite Dish Technicians

By Greg Mersol on June 16, 2011 Posted in Class Certification, Conditional Certification, FLSA, Wage and Hour

It has been a good few weeks for employers in the satellite dish industry. Just last week, we wrote of the case of Espenscheid v. Directsat USA, LLC.pdf, Case No. 09-cv-625-bbc (W.D. Wis. May 23, 2011), in which the court decertified a class of satellite dish technicians only days before trial. In that case, the court, … Continue Reading