FedEx Kinko's Challenges Class Action Suit...and Wins

"Manager's Class Action Against FedEx Kinko’s Tossed," Law360.com

In this article describing the dismissal of a class action lawsuit against FedEx Kinko's, Littler's Keith Jacoby notes that the case is an example of employers increasing willingness to challenge wage-and-hour class actions. "In the beginning of this class action trend, companies were eager to settle and get out...Companies today are showing more of a willingness to try to win these cases," Mr. Jacoby said. He indicated that this is a result of less uncertainty about how particular cases will play out (due to case law becoming clearer), and companies taking more proactive steps to protect themselves before cases are even filed. Mr. Jacoby concluded, "They are reacting to the realities on the ground, and they're improving their practices."