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Court Decertifies Class Challenging Timekeeping Practices
  • Baker & Hostetler LLP
  • USA
  • February 27 2017

Yogi Berra often has been quoted for the phrase “It ain’t over till it’s over,” and Lenny Kravitz even made a hit song of it in 1991. While no one


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


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


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


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


Ninth Circuit grants 23(f) review of denial of class certification for inadequate representation
  • Baker & Hostetler LLP
  • USA
  • August 12 2016

We’re all familiar with the basic requirements of Rule 23(a), with the focus most frequently on the issues of commonality and typicality under Rules


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


District Court Denies Conditional Certification of Off-the-Clock Case Despite Bad Emails
  • Baker & Hostetler LLP
  • USA
  • June 3 2016

“As far as overtime, you (like I) can only bill a 40hr work week even though we put in like 60hrs at times.” This isn’t exactly the email you want to


Supreme Court Continues Sanctions Litigation Against the EEOC
  • Baker & Hostetler LLP
  • USA
  • May 19 2016

A slap in the face, maybe, after 11 years Back in 2005, a prospective driver for a trucking company filed a charge with the EEOC contending that two


Statistics in Wage and Hour Class Actions: Has Anything Really Changed?
  • Baker & Hostetler LLP
  • USA
  • April 25 2016

Statistics are kind of a Holy Grail of class action litigation. Everyone seems to know that they exist, but their understanding is shadowy and the