The National Employment Lawyers’ Association (“NELA”) filed an amicus brief in the Third Circuit related cases of Knepper v. Rite-Aid (Case No. 11-1684) and Fisher v. Rite-Aid (Case No. 11-1685). Plaintiffs in those cases were employed as Assistant Store Managers and allege that defendant missclassified them as exempt and failed to pay overtime in violation of state law and the Fair Labor Standards Act (“FLSA”). The district court dismissed both cases holding that state class action claims were inherently incompatible with FLSA collective actions. Read more…
Class Actions Blog
Archive for the ‘Employment Class Action’ Category
JP Morgan Chase settles overtime class action
JP Morgan Chase asked a New York federal judge on July 14, 2011, to grant final approval to a $42 million settlement resolving a class action challenging the bank’s classification of its loan underwriters as exempt from overtime pay requirements.
The financial giant and counsel for the putative class of loan underwriters filed a joint motion seeking final approval for the deal, which won preliminary approval in April, saying that more than 3,000 individuals had opted in to the settlement. Read more…
Dollar Tree stores assistant store managers file wage and hour class action lawsuit
A class action lawsuit has been filed against Dollar Tree Stores, Inc. in the United States District Court for the Northern District of Georgia in Atlanta. The case is entitled Kenneth Smith v. Dollar Tree Stores, Inc.
The complaint alleges that current and former non-exempt Dollar Tree Stores Assistant Store Managers are entitled to unpaid overtime wages, unpaid minimum wages and liquidated damages under the Fair Labor Standards Act since they allegedly were required to work off-the-clock. Read more…
Rite Aid announces that it continues to defend FLSA violations suits
Rite Aid Corporation continues to defend itself against putative class action lawsuits pending in various states alleging violations of the Fair Labor Standards, according to the company’s July 6, 2011, Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended May 28, 2011. Read more…
Goldman Sachs can’t compel arbitration in discrimination suit
A federal judge refused to reconsider Goldman Sachs’ bid to compel individual arbitration against one of the lead plaintiffs in a putative class action lawsuit claiming the bank subscribes to an “outdated corporate culture” of bias against women. Read more…
Disparate impact class action certified, despite U.S. Supreme Court ruling in Wal-Mart
The Honorable Nicholas Garaufis, a district court judge from the Eastern District of New York entered an order in the NYC Firefighters case, applying and, to a degree, limiting, the Supreme Court’s decision in Wal-Mart. He certified subclasses under Rule 23(b)(3), including claims for compensatory damages. Read more…
