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Ohio District Court decertifies class of health care workers in meal break case

Baker & Hostetler LLP
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USA
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February 12 2013

We've commented several times in the past on the importance of the second phase of the two-step procedure now commonly employed by district courts in

Tenth Circuit affirms refusal to certify sex discrimination class

Baker & Hostetler LLP
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USA
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January 24 2013

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website ( reveals tools most people

California court finds for retailer after trial of PAGA seating claims

Baker & Hostetler LLP
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USA
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January 7 2013

In 2004, California passed the Private Attorney General Act, more commonly known either as "PAGA" or the "sue your employer act." PAGA permits employees

Court rejects EEOC class-wide BFOQ challenge to mandatory retirement of pilots

Baker & Hostetler LLP
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USA
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December 31 2012

Mandatory retirement ages have been largely eliminated for most employees, but still continue in a handful of areas. For many years, the Federal Aviation

Maryland court grants summary judgment in unpaid leave policy case

Baker & Hostetler LLP
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USA
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December 20 2012

What do you do if you if you want to cash in on the recent flood of wage and hour class and collective actions, but the employer’s policies are actually lawful?

Court denies conditional certification of class of debt collectors

Baker & Hostetler LLP
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USA
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December 19 2012

If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more likely than not, the employer’s chances improve either when (1) the claims are for off-the-clock time; or (2) the case was brought in a jurisdictions where courts have become jaded about such requests over classes that are unlikely to survive over the long haul

Courts continue to wrestle with arbitration issues

Baker & Hostetler LLP
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USA
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December 17 2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements

Court denies conditional certification of proposed class of retail representatives

Baker & Hostetler LLP
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USA
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November 30 2012

We’ve written several times in the past about the two-step procedure now in vogue for the handling certification of collective actions under section 16(b) of the FLSA

California district court refuses to certify retail rest and meal period case

Baker & Hostetler LLP
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USA
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November 26 2012

In the wake of the California Supreme Court’s decision in Brinker Restaurant v. Superior Court, 165 Cal. 4th 1004 (2012), cases refusing to certify rest and meal period have become far more common as a recent decision from the United States District Court for the Central District of California demonstrates

Sixth Circuit gets it wrong on Title VII pattern or practice claims

Baker & Hostetler LLP
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USA
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November 26 2012

The “frappe” button on a blender is useful for all kinds of recipes when you want to mix things up, but it, until now, has not been considered a viable rule of statutory construction

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