Retailers Beware: Statements May Not Be Protected

Law360, New York (April 19, 2010, 12:42 PM EDT) -- The nationwide spate of class actions against retailers continues. These lawsuits typically allege management-level employees are misclassified as exempt from overtime laws and non-exempt employees are not provided all required meal and rest breaks. Employers have developed strategies to try to defend against this wave of litigation. One common strategy against wage-and-hour class actions, particularly at the precertification stage, is “declaration blitzes” of putative class members.

In order to meet the requirements for class certification under Rule 23 of the Federal Rules of Civil Procedure, plaintiffs...
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