The California Court of Appeal has rejected a class action waiver in an employment agreement on the basis that the waiver (or agreement) was unconscionable.
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 5
Supreme Court: Certification Requires Class-wide Proof of Damages
The dissent in today’s Supreme Court decision on class certification, Comcast Corp. v. Behrends (PDF copy here), argues that “the decision should not be read to require, as a prerequisite to certification, that damages attributable to a classwide injury…
Second Circuit Mandates Arbitration For Title VII Class Action
The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate her claims:…
Fourth Circuit Applies Dukes To A Wage And Hour Matter
Since the Supreme Court’s landmark decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), plaintiffs in wage and hour cases have urged courts to ignore the decision, arguing that it only applies to discrimination cases, not to…
Second Circuit Requires Specificity In FLSA Pleading
In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of Long Island,…
Wang v. Chinese Daily News: the Ninth Circuit Takes A Step
We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after termination, under the FLSA and…
Seventh Circuit Holds That Individualized Damages Preclude Certification
On Monday, February 4, the Seventh Circuit decided Espenscheid v. DirectSat, Inc. The decision is notable for two holdings. First, Judge Posner held, rather summarily, that there is no good reason to distinguish certification of opt-in FLSA collectives from opt-out…
Sixth Circuit Confirms Employees Must Report Time Worked
In White v. Baptist Memorial Health Care Corp. (PDF), the Sixth Circuit held yesterday that summary judgment was properly granted for an employer against an employee’s meal break claim, where the employee had failed to record her time…
Embracing Wal-Mart & Distinguishing McReynolds, The Seventh Circuit Reverses Class Certification Of Sprawling (And Stale) Classes
On August 8, 2012, the U.S. Court of Appeals for the Seventh Circuit reversed an order certifying large classes in a lawsuit alleging race discrimination and hostile work environment. Bolden v. Walsh Construction Co., Case No. 12-cv-2205 (7th Cir. Aug.…
U.S. Supreme Court Grants Review on Important Mootness Issue
The U.S. Supreme Court recently granted review in a Fair Labor Standards Act (FLSA) case in order to decide whether a case becomes moot, and thus beyond the judicial power of Article III of the United States Constitution, when the…