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Total Articles: 10

Settling Plaintiff May Still Have Standing And Adequacy To Pursue Class Action and PAGA Claims

A California federal judge recently certified a class of at least 843 Cinemark workers who allege Cinemark, a movie theater chain, failed to properly list overtime rates on employee wage statements, notwithstanding the fact that the purported class representative, Silken Brown, had settled her individual claim during the pending litigation. In opposing class certification, Cinemark raised challenges to Brown’s typicality as to the class and adequacy to represent the class as a result of Brown’s individual settlement.

Just as with the NLRA, the FLSA Does Not Preclude Collective Action Waivers in Arbitration Agreements, Sixth Circuit Holds

In a natural extension of the Supreme Court’s recent conclusion that the NLRA does not preclude the use of class or collective action waivers in employment-related arbitration agreements, the Sixth Circuit Court of Appeals has confirmed that such waivers are likewise permitted under the FLSA. Gaffers v. Kelly Services, 2018 U.S. App. LEXIS 22613 (6th Cir. Aug. 15, 2018). In so holding, the Sixth Circuit followed the lead of the Supreme Court’s decision in Epic Systems Corporation v. Lewis, 138 S. Ct. 1612 (2018). The Sixth Circuit has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee.

Nike Accused of Gender Discrimination and Harassment in Class Action Suit

Two female former Nike employees have filed a proposed class action lawsuit against the sportswear manufacturer alleging gender discrimination and a hostile work environment. The lawsuit is the latest development following a New York Times report published in March that Nike fostered a culture of sexual harassment and unfair treatment of female employees.

The Epic Sequel: Federal Appeals Court Extends Class Waiver Victory To Wage Claims

On the heels of the Supreme Court's decision in Epic Systems Corporation v. Lewis, which held that the National Labor Relations Act (NLRA) does not bar class or collective action waivers in arbitration agreements, the 6th Circuit Court of Appeals took up the corollary question of whether the Fair Labor Standards Act (FLSA), and its specific collective action mechanism, would invalidate arbitration agreements with collective action waivers. Relying on the lessons learned from the Supreme Court in Epic, the 6th Circuit just held that the FLSA likewise did not bar collective action waivers in arbitration agreements (Gaffers v. Kelly Services, Inc.).

Truckers’ $2.35 Million Dollar Class Settlement Vacated Due to District Court’s Cursory Analysis

The U.S Court of Appeals for the Tenth Circuit recently vacated a Utah district court’s finding that a class of truckers satisfied Rule 23 for purposes of settling two wage-hour actions due to a cursory review below, setting aside a multi-million dollar settlement and remanding the case for further proceedings.

Federal Judge Finds J.B. Hunt Compensation System Too Varied To Sustain Class Certification

J.B. Hunt Transport Inc., one of the largest transportation logistics companies in North America, recently prevailed on a motion to decertify a class of around 11,000 current and former truck drivers, just six weeks before trial.

Supreme Court's Epic Systems Ruling Continues to Limit Class Actions

The US Supreme Court's May ruling in Epic Systems v. Lewis, that companies may compel their employees to arbitrate workplace disputes individually rather than as part of a class action, is already having a host of implicati ons on other cases.

Jackson Lewis Class Action Trends Report Summer 2018

Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of class actions over the last few years alone, we have generated another comprehensive, informative and timely piece with practice insights and tactical tips to consider concerning employment law class actions.

Class Action Trends Report Summer 2018

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims.

Class Action Waivers Are Lawful, Says United States Supreme Court

The United States Supreme Court has spoken – class and collective action waivers are lawful. The Court’s May 21 decision overturns the National Labor Relations Board’s (NLRB) position that these waivers violate employee rights and resolves a split among federal appellate courts. Employers should run, not walk, and include such provisions in their respective employment agreements!