Requirements for a work stoppage
As we reported a few months ago, Fox Entertainment Group recently lost its class action lawsuit – an action very similar to the one Grant et al are bringing. However, Marie Claire, Harpers and Cosmopolitan all successfully defended a similar action, proving that their meritorious were “trainees.”
Judge Paul Gardephe recently ruled that notice should, in effect, be sent for the class action against WMG. The judge ruled narrowly, meaning he did not consider the merits of Grant’s arguments. Rather, he just said that the class action should move on to the next phase.
The battle over the future of U.S. practices is heating up, so expect more headlines in the weeks and months ahead. For example, the U.S. Chamber of Commerce and the American Association of State Colleges and Universities recently filed an amicus brief in the Fox Entertainment Group case. Some companies have already capitulated to the intern’s demands, rather than risk being dragged into costly litigation.
Existence and Nonexistence of Strike
Judge Authorizes Notice of Class Action in Case Against Wheatfields RestaurantHome > FLSA > Current BlogBacklogJudge Authorizes Notice of Class Action in Case Against Wheatfields RestaurantMarch 3, 2012A lawsuit against Wheatfields, a three-location restaurant and bakery in Omaha, Nebraska, may go forward as a class action under the Fair Labor Standards Act (“FLSA”).
Judge Thalken’s findings and recommendations were approved by U.S. District Judge John M. Gerrard on February 16, 2012. Pursuant to the court’s decision, notices of claim will be sent to all bartenders employed by Wheatfields from August 2, 2008 to the present.
Case Law Stages of Strike Action
Many of the applicable employment-related laws allow plaintiffs to proceed individually or collectively. BT Law Group attorneys regularly represent both employees and employers in individual and/or collective employment-related actions in Florida state and federal courts. Specifically, BT Law Group attorneys handle:
When handling class actions, the focus is on conducting a detailed and thorough evaluation at the outset of the case to determine ways to minimize the exposure and litigation costs involved with these claims. Because most applicable statutes contain an attorneys’ fee provision, in the event liability exists, it is generally in the defendant’s best interest to limit or settle the litigation as early as possible in order to minimize exposure.
From an employee perspective, class actions may be a way to achieve a more favorable resolution of a claim by joining forces with others seeking similar relief.
The Supreme Court ruled 5-4 against nurse Laura Symczyk in a fascinating wage and hour case. The case has implications for how the high court will treat class actions under The Fair Labor Standards Act (FLSA) relative to traditional class actions.
Nurse Laura Symczyk was a nurse at the Pennypack Center in Philadelphia. She said her company subtracted 30 minutes of time from her break time shift, even though employees like her did work during the break.
Genesis (her employer’s parent company) responded to her claim by offering her a $7,500 settlement to pay back for the break time she did not take and attorney’s fees and expenses. This is known as the Rule 68 settlement offer, because it is derived from Rule 68 of the Federal Rules of Civil Procedure. The idea is to encourage settlements and discourage unnecessary litigation.
Symczyk did not respond to Genesis’ offer, so the company filed a motion to have the case dismissed. Basically, the company argued that it was offered the claim, thus making it moot in any arguable class action.