[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 to a matter of public
concern, the U.S. Supreme...
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...
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...
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...
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...
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
The case was brought by three female Wal-Mart employees
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...
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
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...
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...
by Jeremy Nash
The National Labor Relation Board's (NLRB) recent ruling
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...
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,...
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
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...
"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...
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...
by E. Colin Thompson and J. Trumon
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...
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.
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...
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...
Remember the FLSA "pick-off" case? In Genesis Healthcare v. Symczyk, the Court held that if an FLSA collective action becomes moot as to the only plaintiff (before additional plaintiffs were added), then the entire claim becomes moot (and the case is dismissed) [ an enhanced version of this...
by Archana R. Acharya
The explosion of wage and hour class action litigation in the last 10 to 15 years or so has shined a spotlight not only on wage and hour practices themselves, but also on the critical question of whether an employer’s practices can and should support class certification...
On September 28, the Ninth Circuit issued a surprising decision (disagreeing with the view of many California district courts), holding that the California Supreme Court’s Iskanian v CLS Transportation decision is not preempted by the Federal Arbitration Act (FAA). In Iskanian , the California...
Earlier this week, a California Court of Appeal issued its published opinion in Garrido v. Air Liquide Industrial U.S ., holding that a class action waiver in an employment arbitration agreement was unconscionable and unenforceable. You're thinking, "Wait, I thought the California Supreme Court...
Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo , a case that will go a long way to deciding the continued viability of...