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May 2019

E-Commerce Company Successfully Limits Claims and Class Size in Putative Class and Collective Action

North America - United States | North America | United States - Minnesota

An e-Commerce retail company represented by our firm defended a putative class and collective action involving thousands of call center employees in Pennsylvania who allegedly worked off-the-clock both before and after their shifts.

At the inception of the case, our firm secured dismissal of the plaintiffs’ minimum wage claims, narrowing the scope of issues in the lawsuit.  We also successfully defeated three successive motions for conditional certification, keeping the scope of the conditionally certified collective action limited to just a single facility and involving the plaintiffs’ allegations regarding pre-shift work only. The litigation has produced at least one employer-friendly ruling in the District of Minnesota, which reiterated that plaintiffs seeking conditional certification of a class must come forward with some evidence—not mere allegations—to support their contentions that employees across multiple facilities are similarly situated.

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