Pitts v. Terrible Herbst, Inc. (9th Cir. 10-15965 8/9/1) FLSA/Class Action

By Alexis Gutierrez Wage/Hour Class Action Decision applying federal procedural law and NV state law. Take-Away: Defendant employer could not “pick off” representative plaintiff to end class action lawsuit. A defendant may “moot” a class action through an offer of settlement only if he satisfies the demands of the class; an offer to one cannot moot the action because it is not an offer to all. Summary Of Decision: In April 2009, Gareth Pitts filed a class action complaint in…

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