Tag Archives: “similarly situated”

Court Denies Conditional Certification of Putative Class of Restaurant Managers And Assistant Managers

As we have commented before, there are no class actions per se under the Fair Labor Standards Act. Rather, the plaintiffs must demonstrate that the proposed class members are “similarly situated.” In making that determination, most courts considering certification of classes under the FLSA now use a two-step procedure. At the first stage, they apply … Continue Reading

Trial Plan Prompts Decertification of FLSA Class

By Greg Mersol on June 10, 2011 Posted in FLSA, Overtime Claims

A recent case demonstrates that it is often easier in theory than in practice to contend that a large group of employees are “similarly situated” for purposes of certifying a collective action. These differences can prove fatal to the class even though the plaintiffs may win impressive early procedural victories. In Espenscheid v. Directsat … Continue Reading