On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration
Proskauer on Class and Collective Actions
Proskauer on Class and Collective Actions, published by Proskauer Rose LLP, focuses on legal developments and litigation strategies related to class and collective actions. The blog covers topics such as class certification, arbitration agreements, wage and hour claims, employment discrimination, independent contractor misclassification, and regulatory compliance. It analyzes court rulings and their implications for employers and employees, particularly in labor and employment law contexts. The blog also addresses procedural issues in class actions, including predominance and commonality requirements, and explores the impact of recent decisions by courts and regulatory bodies on class and collective litigation.
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Latest from Proskauer on Class and Collective Actions
Ninth Circuit Affirms Denial of Class Certification for Wage and Hour Claims on Predominance Grounds
On October 4, 2019, the Ninth Circuit Court of Appeals affirmed rulings by the District Court for the Northern District of California to decertify a rest break subclass and to deny class certification of meal break and off-the-clock subclasses in…
District of Massachusetts Grants Class Certification but denies Summary Judgment in Independent Contractor Misclassification Case
On September 13, 2019, the U.S. District Court for the District of Massachusetts granted certification of a class of independent contractor drivers who delivered packages through Dynamex Operations East for Google Express. Ouadani v. Dynamex Operations East LLC, No. 16-12036,…
California Supreme Court Hands Employers A Rare Victory, Trims Bloated PAGA Claims
Last week, the California Supreme Court held that private litigants may not recover unpaid wages under the Labor Code Private Attorneys General Act (“PAGA”). See ZB, N.A. v. Superior Court (Lawson) (Cal. S. Ct. Sept. 12, 2019).
In a rearguard effort…
NLRB Greenlights Aggressive Response to Class Action Filings
On August 14, 2019, the National Labor Relations Board (the “Board”) held that employers may require employees to waive their right to join class and collective actions – even after a claim has been filed in court – without running…
Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims
On July 2, 2019, a three-judge panel of the Second Circuit reversed the lower court’s denial of a motion to compel individual arbitration of a putative class action suit brought under the Fair Labor Standards Act (“FLSA”) and New York…
How Do Individualized Issues Impact a Class Action Settlement?
The Ninth Circuit went a long way towards answering that question in an en banc decision last week. The key takeaway is that a district court certifying a class for settlement purposes does not have to conduct the same “rigorous…
U. S. Supreme Court Holds that Third-Party Defendants to Counterclaims Cannot Remove Class Actions to Federal Court
In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim defendant does not qualify as a “defendant” under the general removal statute, 28 U.S.C. §…
Northern District of New York Denies Class Certification and Decertifies Collective, Confirming Common Answers Not Common Questions Are Required
On April 26, 2019, the Northern District of New York held that a group of Plaintiffs failed to satisfy their burden to establish commonality and predominance under Fed. R. Civ. P. 23 and failed to sustain their burden that they…
United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) precludes a court from compelling class arbitration when an agreement is ambiguous on the availability…