Labor and Employment Law

Recent Posts

An Employment Class Action Update with Ashley Kasarjian.
Posted on 20 Jun 2011 by LexisNexis Labor & Employment Law Community St

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... Read More

Ohio Supreme Court Strikes Blow to Class Action Lawsuits
Posted on 19 Jul 2013 by Jon Hyman

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... Read More

Chipping Away at Employees’ Right to Bring Class Actions
Posted on 8 Mar 2012 by Abbey Spanier

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... Read More

The 7 Key Points for Employers from the Supreme Court’s Wal-Mart v. Dukes Opinion
Posted on 21 Jun 2011 by Jon Hyman

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... Read More

9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action
Posted on 7 Mar 2013 by Sheppard, Mullin, Richter & Hampton LLP

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... Read More

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
Posted on 15 Jul 2011 by Williams Mullen

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 ... Read More

Apparently It’s a Short Trip from Wal-Mart to Breast Feeding
Posted on 11 Jul 2011 by Jon Hyman

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... Read More

Supreme Court: No 1st Amendment Protection For Government Employee’s ‘Petition’
Posted on 20 Jun 2011 by Bajeerah LaCava

[UPDATED: 6/21 9:03 p.m.: Case number corrected] WASHINGTON, D.C. - (Mealey's) A government employer's actions alleged to be retaliatory are not limited by the First Amendment's petition clause unless the employee's petition is related... Read More

Supreme Court Reverses Certification Of Wal-Mart Gender Class
Posted on 21 Jun 2011 by Bajeerah LaCava

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... Read More

Decertification and the Effect of Wal-Mart v. Dukes
Posted on 20 Jul 2011 by Ashley Kasarjian

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

Abbey Spanier: NLRB Finds Class Action Litigation Protected Activity Under NLRA
Posted on 20 Jan 2012 by Abbey Spanier

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... Read More

KPMG Audit Associates Win Conditional Class Certification in FLSA Action
Posted on 31 Jan 2012 by Abbey Spanier

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 subscribers ], U.S. District Judge Colleen McMahon issued an order conditionally certifying... Read More

Oral Argument in Wal-Mart v. Dukes: Class Certification Appears Unlikely as Justice Kennedy Raises Internal Inconsistencies in Plaintiffs’ Argument
Posted on 31 Mar 2011 by LexisNexis Labor & Employment Law Community St

by Arthur Silbergeld and Jessica Boar of Bingham McCutchen LLP Counsel for Plaintiffs' time before the Supreme Court during oral argument on Tuesday morning probably felt more like years than an hour. The Court pounded Plaintiffs' counsel... Read More

FLSA Victory: Class Certification Denied
Posted on 26 Oct 2012 by Margaret (Molly) DiBianca

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... Read More

Professor Sharon Reece on Oxford Health Plans v. Sutter
Posted on 25 Jul 2013 by Sharon Reece

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