The defense bar has been so high on its success in defeating the Wal-Mart Stores v. Dukes class action last spring that its lawyers fanned out across the county, trying to persuade judges everywhere that the era of employment class actions was over. Yet the Seventh Circuit held against this tide, affirming certification of an Illinois state-law Rule 23 class action in a wage-and-hour case, finding that the conditions of Rule 23(c)(1)(B) were met.
For the third time, a New York federal district court has conditionally certified a Fair Labor Standards Act (FLSA) collective action on behalf of Duane Reade assistant store managers. On January 27, 2012, the Court issued an order in Jacob v. Duane Reade Inc., 10 Civ. 160 (S.D.N.Y. Jan. 27, 2012) that allows FLSA notice to issue to all assistant store managers who worked at Duane Reade between January 7, 2009 and the January 27, 2012.
Novartis agreed to pay $99 million to settle the claims of a class of its pharmaceutical sales representatives ("pharma reps") who alleged that they were denied overtime pay. See In re Novartis Wage & Hour Litig., No. 06 md 01784 (S.D.N.Y.). District Judge Paul Crotty of the Southern District of New York gave preliminary approval to the proposed settlement on Tuesday, January 24, 2012. The final approval hearing will take place on May 31, 2012.