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, […]
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. […]