Authored by Michael W. Kopp
In a case that is certain to provide an important sequel to the Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend decisions, the Supreme Court will hear argument next week on Tyson Foods Inc. v. Bouaphakeo, to address (1) the use of statistical averaging in class actions to prove liability and damages,
Continue Reading Another Watershed Moment for Class Actions? SCOTUS to Address Limits on Statistical Proof in Class and Collective Actions
Authored by Barry Miller
On Monday, the Supreme Court issued its ruling in Perez v. Mortgage Bankers Association, examining the validity of the Department of Labor’s 2010 Administrator’s Interpretation on the application of the FLSA’s administrative exemption to mortgage loan officers. As noted in our previous post, the D.C. Circuit struck down the Administrator’s Interpretation because the DOL
Continue Reading Supreme Court Holds that Flip-Flopping Alone Does Not Invalidate DOL’s Guidance on Exempt Status of Mortgage Loan Officers
Co-authored by Barry Miller and Taron Murakami
On Monday, the Supreme Court heard arguments in a pair of cases addressing the Department of Labor’s reversal in its position regarding the exempt status of mortgage loan officers. The Justices’ questions reflected concern about the DOL flip-flopping on this issue, but they also expressed a reticence to issue a broad ruling that
Continue Reading Angst, Administration and Interpretation: Supreme Court Hears Arguments on DOL’s Flip-Flopping on Exempt Status of Mortgage Loan Officers
Co-authored by Richard Alfred and Patrick Bannon
Can an employer that has agreed to arbitrate “all disputes” with its employees be required to participate in “class arbitration,” even if its arbitration agreement doesn’t mention class proceedings?
The Supreme Court heard argument this morning in Oxford Health Plans LLC v. Sutter, a case that will likely have an important impact
Continue Reading Behind the “Magic-8 Ball”: Supreme Court Hears Argument in Sutter
Authored by Barry Miller
The Supreme Court held that a would-be class action plaintiff cannot avoid federal court by “stipulating” that he will seek damages that are less than the amount necessary to give rise to jurisdiction under the Class Action Fairness Act. In Standard Fire Insurance Co. v. Knowles, the named plaintiff claimed that his homeowners insurer had
Continue Reading Supreme Court Rejects Plaintiff’s Attempt to De-CAFA-nate Class Action Lawsuit
Authored by Steve Shardonofsky
As we blogged here earlier this year, the Fifth Circuit in Martin et al. v. Spring Break ’83 Productions, L.L.C. et al.; No. 11-30671 (July 24, 2012) became the first federal appellate court to enforce a private FLSA settlement. Now, the United States Supreme Court may get a chance to weigh in on this issue
Authored by Fred Sanderson
On February 24, 2011, in Sonic-Calabasas A, Inc. v. Moreno, the California Supreme Court invalidated an employment arbitration agreement in the context of an administrative wage proceeding. According to the court, requiring an employee to waive his or her right to a formal administrative hearing before the California Labor Commissioner was both “contrary to
Authored by Michael Fleischer
On August 12, 2011, the plaintiffs in Christopher v. SmithKline Beecham Corp., filed a petition for writ of certiorari with the U.S. Supreme Court seeking review of the 9th Circuit’s decision holding that pharmaceutical sales representatives for GlaxoSmithKline are exempt from overtime as outside sales employees under the Fair Labor Standards Act. The Ninth
Continue Reading Petition for Supreme Court Review Filed in Pharmaceutical Sales Rep Case