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 Article Index » class actions: 10 Most Recent Articles Report Link Federal Courts Retain Jurisdiction Even After Denying Class Action Status, Seventh Circuit Holds.Jackson Lewis LLP - February 25, 2010 The Seventh Circuit Court of Appeals, in Chicago, has became the second federal appeals court to hold that a federal district court retains jurisdiction over lawsuits after declining to certify class actions in cases that have been removed from state court to federal court pursuant to the Class Action Fairness Act (CAFA). Report Link EMPLOYERS’ BANE: Wage Hour Class Suits Lead the Field With No End in Sight.Constangy, Brooks & Smith, LLP - February 04, 2010 Class and collective action lawsuits asserting wage and hour claims continue to outpace all other types of employment litigation in the federal courts. The volume of such cases increases year after year, and there is nothing to suggest that the trend will reverse itself anytime soon. The plaintiffs' bar that specializes in this area of employment law continues to grow, and with each passing year gets more expert, creative and aggressive in pursuing class and collective action lawsuits under federal and state wage and hour laws. Report Link Rising Class and Collective Lawsuits in EmploymentKrukowski & Costello, S.C. - August 31, 2009 Thomas P. Krukowski analyzes the rise of class and collective lawsuits in employment-related litigation as employees seek proper pay and fair treatment while employers seek to defend their policies and practices. Mr. Krukowski discusses the differences between the two types of group litigation, reasons for the increase, and why the trend is expected to continue. Numerous other issues are reviewed, including the historic Dukes v. Wal-Mart litigation. He also sets forth general recommendations for employers, including the careful auditing and monitoring of employment policies, practices and decisions to ensure that employees are treated fairly, consistently, and in accordance with developing legal standards, as well as developing an understanding of how statistical analyses are used and applied in these types of claims. Report Link Wage and Hour Class Actions in the Healthcare Industry: Diagnosis and Prevention.Littler Mendelson, P.C. - August 18, 2009 Wage and hour class and collective actions targeting hospitals and other healthcare employers have proliferated in recent months. Plaintiff-side firms have launched national assaults against healthcare employers, including websites with lists of healthcare employers who are being sued or are "under investigation," and mass emails to employees of healthcare employers who are targeted. Attached is a brief excerpt from a Littler Report that canvasses recent developments, explores the nature and risks of class and collective actions, the types of claims being made and suggests practical solutions to defend against and avoid such claims in the future. Report Link New Special Report Available on Damages in Systemic Discrimination Class Actions.Jackson Lewis LLP - June 04, 2009 According to the Equal Employment Opportunity Commission, class-wide punitive damages can be determined by a jury in Title VII pattern or practice cases and back pay determinations may be made without individualized hearings when appropriate. If the courts agree with the EEOC, many employers could lose their ability to defend individual employment decisions in large class actions with evidence of wrongdoing turning on company-wide statistics. Report Link STARBUCKS NARROWLY ESCAPES CLASS ACTION OVER EMPLOYMENT APPLICATION FOIBLE (pdf).Ballard Rosenberg Golper & Savitt - February 09, 2009 Almost every employer uses some form of written
job application. However, many employers are
unaware of legal requirements governing what
types of questions a job seeker may be asked.
Employers who do not follow these rules face stiff
penalties and expensive compliance lawsuits. Report Link Starbucks Ruling is No "Pot of Gold" for Class Action Plaintiffs.Littler Mendelson, P.C. - December 26, 2008 In Starbucks v. Superior Court, the Court of Appeal for the Fourth District of California considered whether the plaintiffs were entitled to ask a jury to award millions of dollars against Starbucks for allegedly requiring job applicants to disclose prior convictions for misdemeanor marijuana-related offenses. At the trial court level, the judge had granted the named-plaintiffs' motion to certify a class action for the benefit of approximately 135,000 class members (unsuccessful job applicants). The trial court judge had also rejected Starbucks bid for "summary judgment," i.e., to have the named-plaintiffs' lawsuit thrown out of court without a trial. Report Link The Next Wave - Systemic Discrimination Class Actions.Ogletree Deakins - July 01, 2008 The apparent next wave of employment discrimination class actions appears to be cases focusing on so-called systemic discrimination. The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) have undertaken recent initiatives to this effect. And prominent plaintiffs’ attorneys have said these cases are the future of employment class actions. Report Link Class Claims of Pay Discrimination After Ledbetter.Ogletree Deakins - July 01, 2008 The Supreme Court’s Ledbetter decision invalidates traditional class claims of pay discrimination and the Office of Federal Contract Compliance Programs' (OFCCP) pay discrimination standards. Report Link Supreme Court Rules the "Class-of-One" Theory Does Not Apply in Public Employment Lawsuits.Baker Hostetler LLP - June 17, 2008 In an important case for public employers, the U.S. Supreme Court announced its decision in Engquist v. Oregon Dep't of Agriculture, et al. on June 9, 2008, and held that a class-of-one theory under the Equal Protection Clause of the 14th Amendment does not apply in the public employment context. When public employees sue in federal court for illegal discrimination as a group, the lawsuit is considered "class-based." In recent years, however, some federal courts have allowed an individual public employee to sue a state, city or public board on a class-of-one theory by alleging that he or she was singled out for discrimination by a vindictive supervisor. The effect of the Supreme Court's decision in Engquist limits a terminated employee's ability to file an equal protection claim by foreclosing the class-of-one theory in an employment discrimination lawsuit.
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March 23, 2010 Fisher & Phillips |
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