News & Analysis as of

Rest and Meal Break Dukes v Wal-Mart

Manatt, Phelps & Phillips, LLP

Employment Law - December 2016 #2

New EEOC Guidance on National Origin Discrimination - Why it matters - For the first time in more than a decade, the Equal Employment Opportunity Commission (EEOC) published new guidance on national origin...more

Carlton Fields

SCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment

Carlton Fields on

On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

Seyfarth Shaw LLP on

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

Ervin Cohen & Jessup LLP

Got Class? Wage and Hour Class Actions in a Post-Brinker World

In 2012, employers awaited the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court with the bated-breath anticipation of a presidential election, or an Olympic luge race. And, boy, was it worth...more

BakerHostetler

Employers Win Some, Lose Some, in California Cases Started Prior to Dukes

BakerHostetler on

Despite blockbuster cases like Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and Brinker Rest. Corp. v. Superior Court, 273 P.3d 513, 527 (Cal. 2012), California remains a hotbed of employment class litigation as a...more

BakerHostetler

New York District Court Denies Certification and Conditional Certification of Class of Personal Bankers

BakerHostetler on

One can only imagine the outcome the plaintiffs' attorneys were anticipating: a case against the financial industry, involving non-exempt employees subject to an auto-deduct policy for meal periods, in the Southern District...more

BakerHostetler

Dukes Of Hazard: Uniform Auto-Deduct Meal/Break Policy Insufficient to Establish 23(a)(2) Commonality

BakerHostetler on

The Supreme Court’s Wal-Mart Stores, Inc. v. Dukes opinion has once again played Bo and Luke to a plaintiff’s Boss Hogg. ...more

BakerHostetler

The Fourth Circuit Uncovers A Lack Of Certification Analysis In Recent Pinkerton Class Action

BakerHostetler on

On November 6, 1860, Abraham Lincoln was elected the 16th President of the United States. Shortly after his election, rumors of a possible plot to assassinate the decidedly pro-Union President-elect began to circulate. With...more

Orrick - Employment Law and Litigation

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

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