April 2015 Archives

Social Media and Class Action Litigation

The rise of social media has recently altered several areas of the law, including class and collective action litigation. In 2013, a group of former interns sued Gawker Media, an online media company and weblog network, claiming it had violated the Fair Labor Standards Act (FLSA) and New York State Labor Law by failing to properly compensate its interns the minimum wage. The class became conditionally certified in August 2014. In collective action lawsuits, notice is traditionally given via mail to potential class members. In November 2014, the court permitted the Plaintiffs to propose forms of notice which included the use of social media. In April 2015, Judge Allison Nathan approved the Plaintiff's notice plan.

FLSA: Employers, the Courts and Private Settlements

No matter how an employer choses to handle an FLSA complaint, it is important to know that the FLSA requires the Department of Labor to supervise all potential violation settlements. This means that employees who receive severance packages or conditioned settlement agreements that purport to release all employment-related claims, may have not effectively released all of their claims under the FLSA.