On Monday, May 21, 2018, the U.S. Supreme Court issued what is widely regarded as the most important decision for U.S. employers this year. In a 5-4 decision, in Epic Systems Corporation v. Lewis (and two other related matters), Justice Neil Gorsuch, writing for the majority, held that workplace employment agreements that bar employees from
Class Action
Supreme Court Holds That Unaccepted Offer of Judgment Does Not Moot Class Action
By Randi W. Kochman on
Posted in Employment Policies and Practices, Wage and Hour
As many employers facing wage and hour class and collective actions are aware, defendant employers often attempt to make an offer of judgment to a named plaintiff in an attempt to moot class and collective actions. On January 20, 2016, in Campbell-Ewald v. Gomez, 136 S.Ct. 663 (2016), the United States Supreme Court ruled…
Third Circuit Holds FLSA Collective Actions and State Law Class Actions Are Not Inherently Incompatible
By Michael N. Morea on
Posted in Employment Policies and Practices
In the recent case of Knepper v. Rite Aid Corp., — F.3d — (3d Cir. 2012), the Third Circuit Court of Appeals joined the Second, Seventh, Ninth and D.C. Circuits in holding that Fair Labor Standards Act (“FLSA”) collective actions and state law class actions are not inherently incompatible. While at first glance the…
Supreme Court Clarifies the Standard on which Future Class Actions will be Evaluated in the Federal Courts
By Kathryn Dugan on
Posted in Employment Policies and Practices
On June 20, 2011, the United States Supreme Court issued an opinion in Wal-Mart Stores, Inc. v. Dukes, No. 10-277, which clarifies how certain class actions will be defined and litigated in the lower federal courts. In Wal-Mart, the plaintiffs sought to certify a class of up to 1.5 million current and former…