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WHM LLC successfully defeats FLSA conditional collective action certification

March 2010

Client(s) WHM LLC

Jones Day successfully defended WHM LLC (LXR Luxury Resorts) and Boca Resorts, Inc. in a putative Fair Labor Standards Act ("FLSA") collective action and Florida law class action in which resort staff plaintiffs alleged improper payment of service charges, gratuities, tips, and overtime payments at The Boca Raton Resort & Club. Though 49 opt-in plaintiffs joined the litigation, Jones Day succeeded in defeating FLSA conditional collective action certification. Jones Day also prevailed in dismissing all of plaintiffs' state law claims.

In an earlier, related lawsuit, Jones Day successfully obtained dismissal of a state-court action filed by a group of massage therapists alleging state-law causes of action regarding WHM LLC's distribution of service charges and gratuities. The dismissal followed Jones Day's earlier success on a motion to dismiss resulting in dismissal of all but two of plaintiffs' claims. (DePrima et al v. WHM LLC et al)

Monahan et al. v. WHM LLC (LXR Luxury Resorts), Case No. 09-80198 (S.D. Fla. 02/17/09)

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