In Cherry v. Dometic Corp., 986 F.3d 1296 (11th Cir. Feb. 2, 2021), the Eleventh Circuit furthered the divide among the circuits as to whether putative class representatives must prove the existence of an administratively feasible method to identify absent class members as a precondition for class certification. Ultimately, the […]
Until recently, litigators on both sides of the “v.” routinely included incentive awards in class-action settlements. The Eleventh Circuit’s recent decision in Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir. 2020), shook things up, holding incentive awards are prohibited under Supreme Court caselaw dating back over a century. […]
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 […]
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 courtroom, legislature, and public arena, […]