By Erin Coe (August 11, 2011, 7:02 PM EDT) -- The two-stage process courts use to conditionally certify collective actions under the Fair Labor Standards Act defies civil procedure and the U.S. Supreme Court's Dukes ruling, according to a petition filed by HCR ManorCare on Thursday with the Sixth Circuit.
The nursing care provider's petition seeks to vacate an Ohio federal court's June ruling and subsequent orders conditionally certifying a nationwide class of more than 58,000 current and former hourly employees. The unpaid overtime and minimum wage case centers around HCR's policy of automatically deducting a 30-minute meal break from their time cards when they work more than a set number...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!