In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a nonresident company. Left unresolved by the Court was whether its decision, handed down in a mass tort action, applied to
Build Back Better Act Threatens Class and Collective Action Waivers
The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the massive bill are numerous provisions of interest to employers. One such provision would amend the National Labor Relations Act (NLRA) to
Class Action Trends Report: Looking back, looking ahead
Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and look ahead to what a new year and a new presidential administration may mean for employers.
Topics addressed in this issue include:
- Top 10 class action
Workplace Law Under a Biden Administration
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 2020. And, with the
Is Your Expert Analysis Protected by the Attorney-Client Privilege?
In this age of Big Data, expert analyses are critical to class and collective actions. Wage and hour lawsuits hinge on experts dueling over employee time and pay data. The EEOC’s Equal Pay and systemic discrimination initiatives are driven by statisticians’ analyses of employers’ robust payroll and applicant tracking system data. In many of these
Offer of Judgment Doesn’t Moot Class Action
In what may be considered a blow to class action defense, this week the U.S. Court of Appeals for the Eleventh Circuit ruled that an offer of judgment to the named plaintiffs did not moot a proposed class action. This was a case of first impression before the Eleventh Circuit.
The putative class action, Stein
Sixth Circuit Affirms that, for Executive Exemption to Apply, Class of Employees Must Do More than Merely Carry Out Supervisors’ Orders Regarding Hiring and Firing
In a recent decision, the Sixth Circuit Court of Appeals issued helpful guidance to employers – albeit in a decision in favor of a class of employees – as to what responsibilities employees must have in order to satisfy the executive exemption to the Fair Labor Standards Act (FLSA).
To satisfy the executive exemption, employees