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D.N.J.: Plaintiffs’ State Law Claims Not “Inherently Incompatible” With FLSA...

Dare v. Comcast Corp This matter was before the Court on the motion of Plaintiffs to sever and remand all state wage and hour claims pursuant to Fed.R.Civ.P. 21.  In denying Plaintiffs’ motion, the...

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D.Nev.: FLSA Precluded Nevada State Law Class Action

Daprizio v. Harrah’s Las Vegas, Inc. This case was before the Court on Defendant’s Motion to Dismiss Plaintiffs’ state law claims on several grounds.  As discussed here, the Court ruled that the FLSA...

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9th Cir.: Reporters For Newspaper Properly Deemed Nonexempt; Creative...

Wang v. Chinese Daily News, Inc. Following a verdict/decision in the plaintiffs favor, the defendant appealed to the Ninth Circuit based on a variety of issues, both substantive and procedural.  As...

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7th Cir.: Collective Action FLSA Claims May Proceed In A “Hybrid Action” With...

Ervin v. OS Restaurant Services, Inc. In this appeal the Seventh Circuit considered “whether employees who institute a collective action against their employer under the terms of the Fair Labor...

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W.D.Pa.: Following Denial of Class Cert as Incompatible With 216(b)...

Bell v. Citizens Financial Group, Inc. Although all circuit courts that have taken up the issue have held that so-called hybrid wage and hour cases- comprised of both opt-in collective actions (FLSA)...

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3d Cir.: Hybrids Are Permissible; Rule 23, FLSA Claims Not Incompatible

Knepper v. Rite Aid Corp. In one of the most anticipated wage and hour decisions pending at the circuit court level, the Third Circuit held yesterday that Rule 23 state law wage and hour class actions...

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9th Cir.: Hybrid Actions Permissible; State Law Opt-out Class May Proceed In...

Busk v. Integrity Staffing Solutions, Inc. As more and more circuit courts come into conformity and hold that so-called hybrid actions—where employees seek to certify state law claims as opt-out class...

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