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IBM prevails in case alleging "off-the-clock and on-call" claims under FLSA

2009

Client(s) International Business Machines Corporation

Jones Day represented IBM in a case alleging off-the-clock and "on-call" claims under the Fair Labor Standards Act and state law. The District Court held that IBM's nationwide Rule 23 class action settlement of ERISA claims extinguished the FLSA claims of a former employee who never consented to join the case through the FLSA's opt-in joinder mechanism. The District Court found that the individual's interest in controlling his participation in class litigation was outweighed by IBM's interest in reducing the burdens of representative actions.

Kuncl v. International Business Machines Corp., C.A. No. 08-CV-724-JHP (N.D. Okla)

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