FMLA-300x289By Gerald L. Maatman, Jr. and Thomas E. Ahlering

Seyfarth SynopsisA recent decision has added to the chorus of courts recognizing that FMLA class actions must be pursued under Rule 23 and are often appropriate for class certification.  As a practical matter, this means that FMLA class actions can now be pursued as opt-out – rather than
Continue Reading Employers Face Increased Risk Of FMLA Class Actions As Court Holds That FMLA Claims Are Appropriate For Class Certification Under Rule 23

250px-US-CourtOfAppeals-10thCircuit-Seal.pngBy Christopher DeGroff and Gerald L. Maatman, Jr.

This past week the Tenth Circuit affirmed another fee sanction against the EEOC, and struck down the EEOC’s attempt to litigate questionable (at best) issues under the Americans With Disabilities Act in EEOC v. TriCore Reference Laboratories, No. 11-CV-2096 (10th Cir. 2012). The Tenth Circuit affirmed the U.S. District Court for

Continue Reading Tenth Circuit Rejects Another EEOC Lawsuit And Affirms $140,571.62 In Attorneys’ Fees For The EEOC’s “Frivolous” Lawsuit