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Erwin v. OS Restaurant Serv. (7th Cir. 2011)

Articles Discussing Case:

Seventh Circuit Allows Plaintiffs to Proceed with Federal Collective and State Wage and Hour Class Actions in the Same Lawsuit

Franczek Radelet P.C • February 23, 2011
Over the past decade, employers in almost every industry have faced an increasing number of wage and hour lawsuits. Employers in hospitality, heavy and light manufacturing, health care, retail, pharmaceuticals, and agriculture have seen a significant uptick in the number of wage and hour class action lawsuits filed by current and former employees. Unfortunately, this trend will likely continue following a recent decision by the Seventh Circuit in Erwin v. OS Restaurant Serv., which opens the door for plaintiffs to bring state wage and hour class actions in the same lawsuit as federal claims under the Fair Labor Standards Act (FLSA).