In the past five years, approximately two-thirds of companies faced at least one labor and employment class action, and within this category, companies overwhelmingly reported that wage and hour matters were of top concern. To defeat class certification by employees, companies commonly utilize two strategies. The first is showing that […]
Category: Articles
Obtaining information from nonparties in a case can be riddled with procedural potholes. For state proceedings, issuing a subpoena to an out-of-state nonparty can be especially fraught with difficulties. The United States Supreme Court held long ago, in Minder v. Georgia, 183 U.S. 559, 562 (1902), […]
Gig economy companies increasingly face class action lawsuits brought by their workers. Uber, Lyft, Instacart, Doordash, and Amazon, to name a few, have confronted multiple lawsuits alleging the companies misclassified employees as independent contractors. While the merits of these claims are vigorously debated in the […]
Disclaimer: inside baseball, and also baseball, contained within. In baseball’s version of the “pick-off,” a baserunner is caught standing too far from base and tagged out. In the legal world, defendants sometimes “pick off” a class action by mooting the named plaintiff’s individual claim before a class has been certified. […]