FLSA Class Action? Demand A Plan

Law360, New York (June 3, 2011, 2:43 PM EDT) -- Federal courts across the country are increasingly recognizing the impracticalities and fairness/due process concerns that preclude managing wage and hour class trials, especially where the plaintiffs’ trial plan proposes “representative evidence” to prove class claims.

The key takeaway for employers is to require plaintiffs to produce a trial plan early. The sooner the court reviews the plaintiffs’ proposal for proving the claims of absent class members, the sooner the court may conclude that the case cannot proceed on a class basis.

Espenscheid v. DirectSat USA LLC,...
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