April 9, 2015
In the article “Saks & Co. Urges Denial Of Class Cert. On OT Claims,” Law360 identified partners Mark A. Konkel and Robert I. Steiner as Saks & Co.’s counsel in a lawsuit filed by employees alleging overtime violations and improper payroll deductions. The plaintiffs are seeking certification as a class. The Kelley Drye team urged a New York district court to deny class certification because the proposed class is an impermissible “fail-safe” class defined solely in terms of people who suffered a violation of the law, and also that litigating the claims would require a “highly individualized inquiry” of each putative member’s situation.