Labor and Employment Class Actions
Overview
Our firm has represented publicly traded corporations, privately held businesses, and other employers in a wide range of class action claims alleging employment discrimination, violations of the Fair Labor Standards Act (FLSA) wage and hour laws, and other labor and employment disputes.
Insights
Client Alert | 4 min read | 06.21.23
In Clark v. A&L Homecare and Training Center, LLC, Nos. 22-3101/3102, a split three-judge panel for the U.S. Court of Appeals for the Sixth Circuit held that notice to potential plaintiffs should only be issued if lead plaintiffs show a “strong likelihood” that such absent employees are “‘similarly situated’ to the plaintiffs themselves.” In so holding, the Sixth Circuit joined the Fifth Circuit in rejecting the long-standing “lenient” two-step collective action certification process. The Sixth Circuit declined, however, to apply the Fifth Circuit’s approach and adopted a “strong likelihood” standard. The Clark decision, issued on May 19, 2023, will significantly impact FLSA collective action litigation in favor of employers in federal district courts in Ohio, Michigan, Kentucky, and Tennessee. The widening Circuit split ripens this issue for review by the Supreme Court of the United States.
Client Alert | 2 min read | 02.24.23
Ninth Circuit Decision Clears the Way for California Employers to Require Arbitration Agreements
Press Coverage | 02.01.23
Speaking Engagement | 01.19.23
Insights
Client Alert | 4 min read | 06.21.23
In Clark v. A&L Homecare and Training Center, LLC, Nos. 22-3101/3102, a split three-judge panel for the U.S. Court of Appeals for the Sixth Circuit held that notice to potential plaintiffs should only be issued if lead plaintiffs show a “strong likelihood” that such absent employees are “‘similarly situated’ to the plaintiffs themselves.” In so holding, the Sixth Circuit joined the Fifth Circuit in rejecting the long-standing “lenient” two-step collective action certification process. The Sixth Circuit declined, however, to apply the Fifth Circuit’s approach and adopted a “strong likelihood” standard. The Clark decision, issued on May 19, 2023, will significantly impact FLSA collective action litigation in favor of employers in federal district courts in Ohio, Michigan, Kentucky, and Tennessee. The widening Circuit split ripens this issue for review by the Supreme Court of the United States.
Client Alert | 2 min read | 02.24.23
Ninth Circuit Decision Clears the Way for California Employers to Require Arbitration Agreements
Press Coverage | 02.01.23
Speaking Engagement | 01.19.23