On March 10, 2015, a group of plaintiffs suing Goldman Sachs for gender discrimination suffered another setback in their attempt to certify a company-wide class in the case of Chen-Oster et al. v. Goldman, Sachs & Co., 10 Civ. 6950,
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.
Latest from Proskauer on Class and Collective Actions - Page 3
Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute
On November 13, 2014, the Fifth Circuit addressed the uncertainty stemming from its decision in Owens v. SeaRiver Maritime, Inc., 272 F.3d 698 (5th Cir. 2001), wherein the Court found that a plaintiff’s unloading and loading of vessels was considered “nonseaman”…
Lawful Shmawful: Ninth Circuit Ignores Lawful Written Policy and Uses Statistical Sampling to Certify Class Based on Alleged “Unofficial Policy”
On September 3, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld certification of a class of approximately 800 nonexempt insurance claims adjusters who claimed they worked overtime without compensation despite the employer’s lawful written policy to pay nonexempt…
Employers Should Now Run – Not Walk – Toward Adopting Arbitration Agreements in California
Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, Case No. S204032, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s 2011 opinion in AT&T Mobility…
California Courts May No Longer Be Able to Certify a Ham Sandwich
Court Approves FLSA Settlement that Extinguishes Related State Law Claims
When an employer settles a collective action lawsuit under the Fair Labor Standards Act (FLSA), may the settlement agreement also include a release of any rights to overtime pay which the plaintiffs may have under state law? In Wells Fargo…
Rebuking “Trial by Formula,” Federal Court Decertifies Rule 23(b)(3) Class Action
In Stiller v. Costco Wholesale Corp., No. 3:09-cv-2473-GPC-BGS, Plaintiffs Eric Stiller and Joseph Moro alleged that Costco’s loss-prevention closing procedures effectively “forced” employees to work off-the clock without getting paid because they were required to remain on-site after they had…
Ninth Circuit Clarifies Removal CAFA Removal Requirements
In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court.…
American Conference International (ACI)
American Conference International (ACI)
21st National Forum on Wage and Hour Claims and Class Actions
May 29-30, 2014
New York Marriott East Side Hotel * New York, NY
Laura Reathaford has been invited to speak on a panel titled “Donning…
California Appellate Court Affirms Denial Of Class Certification
As we recently reported here, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy – all while overlooking numerous individualized questions that would undoubtedly create manageability problems during…