Tag Archives: “Class action”

Third Circuit Rejects District Court’s Trial-Before-Certification Plan

Photo of Greg MersolBy Greg Mersol on Posted in Class Action, Class Action Litigation, FLSA, Off-the-clock, Rule 23
Years ago, employers argued unsuccessfully that plaintiffs should not be able to pursue so-called hybrid claims pursuing both Rule 23 opt-out classes and Fair Labor Standards Act (FLSA) opt-in collective claims at the same time. They noted that combining the two would create procedural anomalies and that doing so would make case resolution unwieldy. They … Continue Reading

Employers Win Some, Lose Some, in California Cases Started Prior to Dukes

Photo of Greg MersolBy Greg Mersol on Posted in FLSA, Meal and Rest Periods, Rule 23
Despite blockbuster cases like Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and Brinker Rest. Corp. v. Superior Court, 273 P.3d 513, 527 (Cal. 2012), California remains a hotbed of employment class litigation as a recent spate of cases reflects.  The Dukes case and others have certainly helped to level the playing field … Continue Reading

Michigan District Court Dismisses Disability Disparate Impact Class Claim

Photo of Greg MersolBy Greg Mersol on Posted in Discrimination
Plaintiffs cannot use a disparate impact theory unless challenging a facially neutral policy. Class action lawsuits alleging disability discrimination are uncommon, and those involving disparate impact claims are less common still.  This is due, in part, to the fact that unlike other types of discrimination claims, a claim of disability discrimination typically raises questions about … Continue Reading

U.S. Supreme Court Decides American Express Co. v. Italian Colors Restaurant – Worth the Wait

Photo of John LewisBy John Lewis on Posted in Arbitration
This blog post was co-authored by: Dustin Dow The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any potential recovery.  Writing for a 5-3 majority of the Court, Justice Antonin Scalia ruled in American … Continue Reading

The Debate Continues: Recent Eighth Circuit Decision Adds to the Growing Tension between Federal Courts and the NLRB Regarding the Enforceability of Class Action Waivers in Arbitration Agreements

Photo of Greg MersolBy Greg Mersol on Posted in Arbitration
Authored by: Ericka Spears Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in arbitration agreements. Federal courts have won the most recent battle in the war. In Owen v. … Continue Reading

Four Words the Fair Credit Reporting Act has Class Action Plaintiffs and Their Lawyers Repeating: “Show Me The Money!”

Photo of Nathan A. SchachtBy Nathan A. Schacht on Posted in Uncategorized
Editors’ Note:  This post is being jointly published on BakerHostetler’s Class Action Lawsuit Defense blog. Over the past few years, the Fair Credit Reporting Act (“FCRA”), the federal law mandating, among other things, procedures and reporting requirements employers must follow when conducting background checks through a third party vendor, has become a hot-button employment issue, … Continue Reading

Text Versus Intent – Justices Consider CAFA’s Reach

Photo of John LewisBy John Lewis on Posted in Uncategorized
Co-authored by Dustin M. Dow A familiar debate involving alternative methods of statutory interpretation erupted again at the Supreme Court on Monday, January 7, 2013.  The debate unfolded in The Standard Fire Insurance Company v. Knowles, No. 11-1450, a case that could have a significant impact on the business community that has benefitted from several … Continue Reading

Supreme Court Reverses Ninth Circuit in Dukes v. Wal-Mart

Photo of Greg MersolBy Greg Mersol on Posted in Uncategorized
Today, June 20, 2011, the Supreme Court issued its highly anticipated decision in Wal-Mart Stores Inc v Dukes.pdf Case No. 10-277 (U.S. S. Ct. June 20, 2011). The Court not only reversed the Ninth Circuit, but issued several clear pronouncements regarding the plaintiff’s burdens and the quality of evidence necessary to certify an employment class. … Continue Reading

Ninth Circuit District Courts Diverge on Simultaneous Collective and Class Overtime Claims

Photo of Greg MersolBy Greg Mersol on Posted in FLSA, Rule 23, Wage and Hour
Courts have long recognized that class actions are not available under the FLSA because it has its own collective action procedure contained in section 16(b) of the Act, 29 U.S.C. section 216(b).  Section 16(b) permits a collective action to proceed if the members of the putative class are “similarly situated.” Among other differences from Rule … Continue Reading

Another Court Denies Certification of a California Meal Break Class

Photo of Greg MersolBy Greg Mersol on Posted in Meal and Rest Periods
The obligation to provide rest and meal periods has vexed California employers since its inception.  While few employers would quibble with the notion that employees should have reasonable time off during work for breaks and meals, the language of the applicable wage order and its interpretation by some courts may create severe problems and class action claims.   Central … Continue Reading
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