The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA). Employers may, but are not required to, utilize the model forms to satisfy their notice requirements under the law and to obtain necessary information … Continue Reading
On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification of opt-in FLSA collectives from opt-out Rule 23 classes, and that the same standards should apply. That is welcome news for … Continue Reading
One potential early approach to a class action is to “decapitate” it — to knock out the claims of the class representative(s), often by finding some deficiency in their individual claim that supports a motion to dismiss or for summary judgment. Another approach, though, is to settle with the named plaintiffs. That buys no peace … Continue Reading
Although the questions were flying in both directions yesterday, as usual for the Supreme Court, the tone of the Justices’ interaction suggested that Wal-Mart has the edge over the plaintiffs. As others have reported, Justices Kennedy and Scalia were quite skeptical of the plaintiffs’ theory that store-by-store discretion could be characterized as a common policy … Continue Reading
The Supreme Court, not surprisingly, granted Wal-Mart’s petition for certiorari today, agreeing to review the 500,000-member class certification decision from the Ninth Circuit, which had held 6-5 that the class could be certified, even though, as Judge Kozinski wrote, the class members held a multitude of jobs, at different levels of Wal-Mart’s hierarchy, for variable … Continue Reading
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