Nixon Peabody attorney: Wage and hour lawsuit outlook may worsen for employees in 2007
Excerpted from: Recent Class Action Rulings Offer Good News for EmployersPhilip M. Berkowitz, New York Law Journal01-19-2007, http://www.law.com/jsp/law/LawArticleFriendly.jsp?id=1169114541849
According to Nixon Peabody attorneys Philip M. Berkowitz and Randy Gidseg, while the year 2006 saw many similar, high-profile, big-money settlements, a number of recent developments in the class action world suggest that plaintiffs in FLSA cases may have a more difficult time in the courts obtaining a victory.
The article notes that even under the looser definition of 'similarly situated' in FLSA cases, courts have recently been denying plaintiffs class certification in wage and hour cases where the plainitiff has failed to show that the proposed class is composed of similary members. It cites Briggs v. Arthur T. Mott Real Estate LLC as an example.
It further notes that recent DOL decisions suggest that, even if plaintiffs successfully obtain class certification under the FLSA, it may be harder for them to actually win their case. For examples, the authors cite: See Letters from Paul DeCamp, Administrator, U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, dated Nov. 27, 2006 (registered representatives) and Sept. 8, 2006 (mortgage loan officers).
According to Nixon Peabody attorneys Philip M. Berkowitz and Randy Gidseg, while the year 2006 saw many similar, high-profile, big-money settlements, a number of recent developments in the class action world suggest that plaintiffs in FLSA cases may have a more difficult time in the courts obtaining a victory.
The article notes that even under the looser definition of 'similarly situated' in FLSA cases, courts have recently been denying plaintiffs class certification in wage and hour cases where the plainitiff has failed to show that the proposed class is composed of similary members. It cites Briggs v. Arthur T. Mott Real Estate LLC as an example.
It further notes that recent DOL decisions suggest that, even if plaintiffs successfully obtain class certification under the FLSA, it may be harder for them to actually win their case. For examples, the authors cite: See Letters from Paul DeCamp, Administrator, U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, dated Nov. 27, 2006 (registered representatives) and Sept. 8, 2006 (mortgage loan officers).
Labels: wage and hour
posted by The Experts @ 9:55 AM
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