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Results: 1-10 of 205

Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel
  • Baker & Hostetler LLP
  • USA
  • January 27 2017

We’ve commented before in this blog on cases in which courts declined to certify employment actions due to adequacy of class counsel. A recent case


Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge
  • Baker & Hostetler LLP
  • USA
  • February 22 2017

Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff


Sixth Circuit District Courts Dismiss Retiree Benefits Claims
  • Baker & Hostetler LLP
  • USA
  • December 21 2016

Less than two years ago, the United States Supreme Court overruled 32 years of Sixth Circuit authority that had the practical effect of shackling


Court finds FLSA precludes state overtime class actions
  • Baker & Hostetler LLP
  • USA
  • May 30 2011

Rule 23 classes require class members to opt out if they do not want to participate in the litigation


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


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


Court dismisses EEOC ADA pattern or practice claim as untimely
  • Baker & Hostetler LLP
  • USA
  • October 30 2012

It is no secret that the EEOC is asserting aggressive positions in several arenas, but a recent case reflects that it must continue to follow Title VII’s basic requirements despite its new enforcement prerogatives


Third Circuit Rejects Procedural Runarounds to Appeal Decertification of FLSA Collective Action
  • Baker & Hostetler LLP
  • USA
  • December 27 2016

We’ve written many times in this blog about the two-step procedure used by many courts in Fair Labor Standards Act (FLSA) cases in collective actions


Court Grants Summary Judgment for Employer in California Class Action Vacation Pay Case
  • Baker & Hostetler LLP
  • USA
  • June 15 2016

Most California employers know that California treats vacation pay largely as a vested benefit that cannot ordinarily be “forfeited.” In common


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