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Fourth Circuit rejects EEOC expert report riddled with errors

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • March 18 2015

We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent

Fifth Circuit upholds unsupervised release of FLSA claims

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 30 2012

Do you remember the movie “Spring Break ’83”?

Daubert standards should apply to experts at the class certification stage

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 3 2011

It has been a slightly over a month now since the United States Supreme Court announced its blockbuster decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. ___ (2011), and commentators have written at length about various aspects of the decision

Fourth Circuit affirms summary judgment over to proposed overtime class of store managers

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • May 12 2011

Three years ago, in Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008), the Eleventh Circuit affirmed a large jury verdict in a collective action against the Family Dollar Store retail chain challenging the exempt status of its store managers

Court decertifies FLSA class of AT&T mobility retail workers

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • May 23 2011

As we have commented before in this blog, courts considering certification of collective actions under the FLSA often use the two-step procedure generally attributed to the court in Lusardi v. Xerox Corp., 118 F.R.D. 351 (D.N.J. 1987

CAFA’s amount in controversy requirement: courts’ scrutiny of evidence varies greatly

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 4 2011

One of the most vexing issues for outside and in-house counsel is what type and how much evidence to provide in support of Class Action Fairness Act (“CAFA”) removal

Third Circuit sets forth standards for collective actions and affirms decertification of class

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • August 21 2012

Those familiar with FLSA and ADEA collective action litigation are well familiar with the judicially created two-step process used by most courts

Sixth Circuit affirms opt-in requirement for lead FLSA collective action plaintiffs

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 8 2012

One of the consequences of the rise of Fair Labor Standards Act litigation, particularly in the collective action context, has been an increase in the number of circuit court decisions addressing FLSA procedural issues

Interns win one, lose one, in having misclassification cases conditionally certified in New York

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 18 2014

There has been a great deal of coverage involving litigation by interns against various media and entertainment companies in New York

Sixth Circuit holds that duty to arbitrate survives expiration of employment contract, requires individual arbitration

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • March 28 2014

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the