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Article Index » class actions: 10 Most Recent Articles
Report Link Immigrant Workers' Fear of Retaliation Cited for Federal Court's Approving State Law Class Action.
Jackson Lewis LLP - March 25, 2008
Seeking to protect a group of immigrant workers from retaliation related to participation in a collective action under the Fair Labor Standards Act, which requires that they affirmatively “opt in” to the suit, a United States District Court in New York has certified a class action under the Federal Rules of Civil Procedure, in which objecting class members have to “opt out” of the suit, to allow the immigrants to pursue state law claims for unpaid overtime under New York’s Labor Law.
Report Link Class Action Certified In Sex Bias Suit Against Wal-Mart (scroll down).
Ballard Rosenberg Golper & Savitt - October 01, 2007
In Dukes v. Wal-Mart, Inc., the Ninth Circuit issued a revised opinion that once again affirmed a district court order granting class certification in a lawsuit alleging that Wal-Mart discriminated against female employees in both pay and promotional opportunities in violation of Title VII of the Civil Rights Act of 1964. The proposed class consists of women employed by Wal-Mart in positions ranging from part-time, entry-level hourly employees to salaried managers. The class is estimated to include more than 1.5 million women. Plaintiffs seek injunctive and declaratory relief, backpay, and punitive damages, but not compensatory damages. The district court certified the class pursuant to Federal Rule of Civil Procedure (FRCP) Rule 23.
Report Link Court Certifies 1.5 Million Member Class in Sex Bias Case (pdf).
Ogletree Deakins - April 03, 2007
Finds Common Issues of Fact and Law Support Class Action.
Report Link Ninth Circuit Affirms Certification of a Historic Class Action in Dukes V. Wal-Mart, Inc.
Jackson Lewis LLP - February 28, 2007
Employers suffered a major set back when a panel of the Ninth Circuit Court of Appeals recently affirmed the certification of a class action lawsuit against Wal-Mart. This action will include an estimated 1.5 million current and former female employees. The action asserts the company engaged in sex discrimination in violation of Title VII of the 1964 Civil Rights Act. Wal-Mart, which denies the allegations and has contested the class designation, has vowed to ask the 11 judges of the full appeals court to reconsider the February 6, 2007 ruling and, if that fails, to seek review by the United States Supreme Court. Unless the decision is overturned, employers, particularly those in the eleven western states covered by the Ninth Circuit, face the prospect of many more class claims.
Report Link Dukes v. Wal-Mart: Wal-Mart Loses Initial 9th Circuit Battle, but Who Will Win the Class Certification War?
Littler Mendelson, P.C. - February 12, 2007
On February 6, 2007, the Ninth Circuit Court of Appeals affirmed a federal district court's 2004 decision certifying a nationwide class of approximately 1.6 million current and former female employees alleging sex discrimination.
Report Link Explosion in Class Action and Collective Action Wage and Hour Lawsuits Continues (pdf).
Vedder Price - July 19, 2006
The number of class action and collective action lawsuits fi led under the wage and hour laws continues to mushroom. These cases now outnumber employment discrimination class actions—a fact that would have seemed highly improbable just a few years ago. In Cook County, Illinois, alone, new wage and hour class actions are fi led every day. There are several reasons why wage and hour claims have become so popular.
Report Link Strategic Initiatives for Countering the Class Action Epidemic (pdf).
Littler Mendelson, P.C. - May 19, 2006
The focus of this Report is the rising epidemic of employment law class actions and the challenge they reflect and create for the employer community. In responding to these claims both a procedural and a substantive solution is outlined in the form of two 2006 initiatives reflecting very different and challenging perspectives. First this report explore the growing case law support for properly written arbitration agreements to exclude class claims. Second, is an overview of how to establish a system of compliance metrics designed to stem the rising tide of employment law class actions illustrated through mandatory training requirements both under employment and corporate governance statutes and regulations.
Report Link ERISA Class Actions -- The Next Big Wave?
Elarbee, Thompson, Sapp & Wilson, LLP. - April 17, 2006
In December 2005, a federal court in Chicago certified a class of approximately 14,000 employees in a “big picture” ERISA challenge to a corporate restructuring decision that affected their benefit eligibility.
Report Link Employers May Fight Back Through The Class Action Fairness Act.
Jackson Lewis LLP - May 17, 2005
Employers throughout the United States may soon begin to fight back in federal court against forum-shopping plaintiff lawyers through the Class Action Fairness Act of 2005.
Report Link Class Action Update: New Class Action Fairness Act (pdf).
Vedder Price - April 29, 2005
As part of his reelection campaign, President George W. Bush promised significant class action reform. The Class Action Fairness Act, which he signed into law on February 18, 2005, is a step in that direction. The Act aims to reduce frivolous lawsuits against businesses by allowing the removal of large class claims from state courts to federal courts.

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