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Texas court denies conditional certification of proposed FLSA class of loan processors
  • Baker & Hostetler LLP
  • USA
  • September 18 2012

While many courts apply a lighter standard for the conditional certification of putative FLSA classes, employers tend to prevail more often on so-called “off-the-clock” cases, as a recent case from the Southern District of Texas demonstrates


Court decertifies overtime class of retail store managers
  • Baker & Hostetler LLP
  • USA
  • October 1 2012

Nothing succeeds like success


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 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


Sixth Circuit Decision Clarifies Timing of Removal Under the Class Action Fairness Act
  • Baker & Hostetler LLP
  • USA
  • April 8 2016

Congress enacted the Class Action Fairness Act, better known as "CAFA," to address some of the well-documented abuses of class action litigation


Ninth Circuit narrowly upholds class settlement in misclassification case
  • Baker & Hostetler LLP
  • USA
  • June 5 2014

We've commented several times recently on the increasing scrutiny courts are giving to class action settlements generally, and to attorney fee awards


California district court rejects class action settlement due to fee, enhancement, and other issues
  • Baker & Hostetler LLP
  • USA
  • May 27 2014

Meals on airlines have all but disappeared for anyone other than those in first class, but the company Sky Chefs contends on its website that it


Another court finds Rule 23 state law class actions incompatible with FLSA collective actions
  • Baker & Hostetler LLP
  • USA
  • July 1 2011

We've written several times this year about the wide split in authority regarding whether a plaintiff in a wage and hour case may bring both a collective action under the FLSA and a Rule 23 class action with respect to claimed parallel violations of state law


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


Seventh Circuit affirms denial of certification in Equal Pay ActTitle VII gender case
  • Baker & Hostetler LLP
  • USA
  • April 14 2011

Decades ago, Rolls-Royce drew some attention for contending that its cars did not "break down," but, rather, "failed to proceed."