On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al,
Continue Reading 3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit
In Estrada v. Royalty Carpet Mills, Inc., 76 Cal. App. 5th 685 (2022), the California Court of Appeal, in relevant part, reversed a trial court’s order decertifying a subclass
Continue Reading California Court of Appeals are Split on Whether Employers Can Dismiss a PAGA Claim Based on Manageability
In Waters v. Day & Zimmerman NPS, Inc., the First Circuit has seemingly muddied the waters on Bristol-Myers Squibb’s applicability to FLSA collective actions.
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Continue Reading First Circuit Court of Appeals Rejects Bristol-Myers Squibb’s Applicability to FLSA Collective Actions; Creates Circuit Split
In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California, addressing due process concerns related to personal jurisdiction in the context of an action where
Continue Reading 2 US Circuit Courts Side with Employers, Limit Scope of FLSA Collective Actions Based on Failure to Establish Specific Personal Jurisdiction
Employers have faced a tidal wave of Fair Labor Standards Act (FLSA) collective action litigation in the last 15 years, fueled in large part by courts that have made it
Continue Reading Fifth Circuit Rejects Longstanding ‘Lenient’ Standard for Deciding Whether to Authorize Notice of a FLSA Collective Action
Mark D. Kemple, co-chair of global law firm Greenberg Traurig, LLP’s Labor & Employment Class and Collective Action Practice and leader of the Southern California Labor & Employment
Continue Reading Greenberg Traurig’s Mark Kemple Receives National Law Journal’s Employment Law Trailblazer Award