Arbitrator Refuses to Conditionally Certify Class in Resort Client Wage Case

05/01/2009

 A client facing collective action in a Fair Labor Standards Act case contacted Larkin Hoffman for representation. The Larkin Hoffman team obtained a significant and very favorable ruling from an arbitrator in the case. The case was filed originally in federal court in Atlanta and was sent to arbitration in accordance with the company’s mandatory arbitration program. Larkin Hoffman attorney Bruce Douglas led the team of Carrie Zochert and Chris Heffelbower in presenting forceful arguments to the arbitrator that the case was not appropriate to be “conditionally certified” as a class action. The arbitrator agreed with the client’s position and, as a result, the three dozen or so claimants who opted-in to the case will be permitted to pursue their own claims, but the claimants will not be permitted to mail notices to more than 3,000 employees and former employees. The client is extremely pleased with the result.