A key premise of a class action is that a court can, in essence, review the merits of the class representative’s claims and apply the result of that review across the class as a whole. This concept is most readily found in
Employment Class Action Blog
Information and Commentary on Class Action Cases Affecting Employers
The Employment Class Action Blog, published by Baker & Hostetler LLP, focuses on legal developments and issues related to employment class actions and collective litigation. It covers topics such as arbitration agreements and motions to compel arbitration, wage and hour disputes including Fair Labor Standards Act exemptions, biometric privacy claims under laws like Illinois BIPA, and procedural aspects of class action litigation. The blog analyzes court decisions impacting employer obligations, employee rights, and litigation strategies in employment-related class and collective actions, providing updates on significant rulings from various courts including the U.S. Supreme Court and state supreme courts.
Latest from Employment Class Action Blog - Page 8
Ninth Circuit Finds That Settlement of Individual Claims Moots Class Allegations
By Greg Mersol
Why, no, a plaintiff can’t eat his cake and have it, too
It is often the case that plaintiffs who cannot proceed as a class will settle their individual claims. But what if they really want an incentive award, or their attorneys…
A Lawful Job Description Doesn’t Support Conditional Certification
By Greg Mersol
Virtually every brief seeking conditional certification will point to an employer policy that allegedly ties the collective or class together. But as a growing number of courts are recognizing, a uniform policy is not sufficient; rather, the plaintiffs must point…
Fifth Circuit Finds That Airport Supervisor Is Not Exempt From Arbitration
By John Lewis
Once again, a court has considered the criteria for the transportation worker exemption from the Federal Arbitration Act (FAA), 9 U.S.C. § 1. This time an account manager for ISS Facility Services Inc., Heidi Eastus, who oversaw ticketing and gate…
District Court Dismisses Majority of Claims in Women’s Soccer Equal Pay Dispute
By Greg Mersol
The U.S. Women’s Soccer team has won four FIFA World Cup titles and four Olympic gold medals. The U.S. Men’s Soccer team has not, and did not even qualify for the most recent men’s World Cup. In the wake of the…
The Third Circuit Demonstrates That Arbitration Rules Really Do Matter
By John Lewis
Some may have wondered whether mentioning the rules of an administrative organization, such as the American Arbitration Association (AAA), in an arbitration agreement could have a legal impact. It can. A number of decisions have considered how referencing specific arbitral…
Maryland District Court Grants Summary Judgment Against Collective Class in Claimed Misclassification Case
By Greg Mersol
Misclassification cases are grist for the mill in wage and hour litigation. As we have pointed out previously, the typical pattern is for the plaintiff to assert claims for unpaid overtime on the grounds that the position involved allegedly did not…
Maryland District Court Refuses Conditional Certification of Proposed Class of Grocery Store Managers
By Greg Mersol
Grocery stores have taken on special prominence as being on the front lines of the current coronavirus pandemic. Just as that role was becoming apparent, the federal district court in Maryland issued a strong opinion not only denying conditional certification…
Another Court Rules on When Ride-Sharing Drivers Are Exempt From Arbitration
By John Lewis
In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for enforcing arbitration agreements involving transportation workers. Or, stated differently, when drivers may be exempt from the Federal Arbitration Act…
Dealing With COVID-19 In Your Workplace Without Inviting Future Class Actions
You don’t need us to tell you that it’s not an easy time to be an employer. With ever growing concerns over employee safety, business operations, costs, and complying with new and rapidly evolving legislation as a result of COVID-19,…