An Employment Class Action Update with Ashley Kasarjian.

On this edition, Ashley Kasarjian of Snell & Wilmer's Phoenix, AZ office, discusses the increase in employment-related class actions, recent major wage and hour class action settlements and verdicts and the differences between class actions and collective actions. Copyright© 2010 LexisNexis...

The 7 Key Points for Employers from the Supreme Court’s Wal-Mart v. Dukes Opinion

Yesterday, the Supreme Court unanimously reversed the certification of the class action in Wal-Mart Stores, Inc. v. Dukes ( discussed here ) . Recall that Dukes sought the certification of a nationwide class of 1.5 million female Wal-Mart employees allegedly denied pay and promotions because of a...

Supreme Court Reverses Certification Of Wal-Mart Gender Class

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 reversed certification of a class of more than 1 million current and former female employees of the nation's largest retailer after finding that certification was not consistent with Federal Rule of Civil Procedure 23(a) ( Wal...

Supreme Court, in Wal-Mart Employment Discrimination Case, Changes the Landscape of Class Action Litigation

On June 20, 2011, the U.S. Supreme Court issued its decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com subscribers. ), which overturned certification of a class of 1.5 million current and former female Wal-Mart employees alleging gender discrimination...

Wal-Mart v. Dukes Does Not Equal Barefoot and Pregnant

I thought that I had my final say on Wal-Mart v. Dukes yesterday . Then, I read more of the commentary on the decision. For example, this clip from MSNBC argued that the Wal-Mart case marks the end of women's equality in the workplace: Or consider this quote, courtesy of Joanne Bamberger at...

Foley & Lardner Alert: Supreme Court Raises Bar for Class Action Plaintiffs in Wal-Mart v. Dukes

On June 20, 2011, the United States Supreme Court sided with Wal-Mart in a long-awaited decision regarding standards that apply to class action cases. The new opinion makes it harder for plaintiffs to obtain class certification. The case was brought by three female Wal-Mart employees (current...

Employment Law – Class Action Update

I talked last week with Steve Berstler , the producer and anchor of LexisNexis® Legal News audio podcasts, regarding the Supreme Court's decision in Wal-Mart v. Dukes . The highlights of our conversation are featured in the Legal News Podcast for June 21, 2011 . As discussed in the podcast...

Apparently It’s a Short Trip from Wal-Mart to Breast Feeding

Last Friday, Labor Secretary Hilda Solis released the following statement about the Dukes v. Wal-Mart decision on the DOL's Work in Progress blog : The Court's decision in the Walmart lawsuit made no ruling on whether America's largest employer engaged in unlawful pay discrimination...

Williams Mullen Alert-Class Dismissed: Supreme Court Rejects Title VII Class Certification in Wal-Mart v. Dukes and Provides Guidance on Important Class Action Issues

By: A. Peter Brodell, Turner A. Broughton & Joseph R. Pope On June 20, 2011, the United States Supreme Court issued its much anticipated Wal-Mart v. Dukes, 2011 U.S. LEXIS 4567 [ an enhanced version of this opinion is available to lexis.com subscribers / unenhanced version available from lexisONE...

Decertification and the Effect of Wal-Mart v. Dukes

And so it begins. Wal-Mart v. Dukes [ an enhanced version of this opinion is available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] has already changed the course of class actions in 2011. In Cruz v. Dollar Tree Stores, Inc. , the Northern District of California...

Abbey Spanier: NLRB Finds Class Action Litigation Protected Activity Under NLRA

by Jeremy Nash The National Labor Relation Board's (NLRB) recent ruling in D.R. Horton Inc. answered an important question presented by the U.S. Supreme Court's ruling last Spring in AT&T Mobility LLC v. Concepcion : does federal policy favoring arbitration apply equally in the consumer...

KPMG Audit Associates Win Conditional Class Certification in FLSA Action

On January 3, 2012, in Pippins v. KPMG LLP , 2012 U.S. Dist. LEXIS 949 (S.D.N.Y. Jan. 3, 2012) [ an enhanced version of this opinion is available to lexis.com subscribers ], U.S. District Judge Colleen McMahon issued an order conditionally certifying a national collective action against KPMG LLP,...

Chipping Away at Employees’ Right to Bring Class Actions

Recently we posted in NLRB Finds Class Action Litigation Protected Activity Under NLRA that employees' right to pursue litigation collectively in a class action had been upheld by the National Labor Relations Board (NLRB). Unfortunately, although the D.R. Horton , Inc. decision was issued only...

Informal Conversations with Department of Labor are Insufficient to Avoid Liquidated Damages in Class Action

In McLean v. Garage Management Corp ., Judge Denise Cote of the Southern District of New York reaffirmed the high standards an employer must meet in order to avoid liquidated damages under the Fair Labor Standards Act-holding that lessons learned from a previous government investigation into an employer's...

The 5 little words that will cause your company a huge headache

"Tell me how you're paid." The biggest wage and hour case I ever defended started with those five little words. A very disgruntled, and justifiably fired, ex-employee went to see a plaintiff's employment lawyer about filing a wrongful discharge lawsuit. The lawyer correctly told him...

FLSA Victory: Class Certification Denied

Ask any employment lawyer what the worst employment law is and I'd be willing to bet the overwhelming majority would answer, "the FLSA." Although the Fair Labor Standards Act (FLSA) was written with the right idea in mind--to ensure employees are paid for the work that they perform--the...

Has Florida Supreme Court Rejected Wal-Mart v. Dukes Class Certification Analysis?

by E. Colin Thompson and J. Trumon Phillips The Florida Supreme Court has issued a decision that plaintiffs' lawyers will surely argue makes certification of class actions easier in Florida state courts than in federal and other state courts. In its per curiam decision entered in Soper v...

9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action

On March 4, 2013 the Ninth Circuit issued a second opinion in the action, Wang v. Chinese Daily News ( Wang II ) , in which it reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. ...

Ohio Supreme Court Strikes Blow to Class Action Lawsuits

In recent terms, the U.S. Supreme Court has shown some hostility to class action lawsuits. In Wal-Mart v. Dukes , the Court concluded that a district court must examine the underlying merits of a claim to determine if class certification is appropriate, and that a class must have some glue binding...

Professor Sharon Reece on Oxford Health Plans v. Sutter

Excerpt: In Oxford Health Plans v. Sutter [ an enhanced version of this opinion is available to lexis.com subscribers ], the Supreme Court of the United States held that an arbitrator's determination that an agreement authorized class arbitration survived judicial review because the arbitrator...