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Sixth Circuit affirms defense verdict in FLSA case involving insurance investigators

Baker & Hostetler LLP
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USA
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March 22 2013

There is a very funny set of books under the title “Unuseless Japanese Inventions” by Kenji Kawakami. The books depict, in a matter-of-fact fashion, a

Missouri Court denies conditional certification of off-the-clock case

Baker & Hostetler LLP
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USA
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February 25 2013

In some respects, one of the most difficult types of wage and hours lawsuits are so-called "off-the-clock" cases in which the employer has

Ohio District Court denies conditional certification in FLSA case

Baker & Hostetler LLP
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USA
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February 18 2013

We've commented before that while most courts apply a fairly lenient standard at the "conditional certification" phase of Fair Labor Standards Act

Ohio district court dismisses EEOC suit challenging credit check policies

Baker & Hostetler LLP
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USA
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February 13 2013

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan

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

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