We often receive the question – “What is the best way to avoid workplace class action litigation?”
That answer is deceptively simple – “Don’t get sued.”
In other words, identify your potential vulnerabilities, remediate those issues, and decrease the potential for ever getting sued.
What Are The Numbers To Examine?
To that end, when asked “where
Continue Reading Mining Discrimination Charge Data: What Your EEO Reports Aren’t Telling You
By Timothy F. Haley and Laura Maechtlen
Antitrust claims are not unknown or uncommon anymore for employers. We have previously blogged about how workplace antitrust claims are coming into vogue for the plaintiffs’ class action bar.
The recent decision in In Re High-Tech Employee Antitrust Litigation, No. 11-CV-02509-LHK, 2012 U.S. Dist. LEXIS 55302 (N.D. Cal., Apr. 18, 2012), illustrates this
Continue Reading Plaintiffs’ “No Poaching” Antitrust Class Action Claims Survive Motion To Dismiss
By Pamela Devata and Frederick Smith
Today, by a 4 to 1 vote of its Commissioners, the EEOC published its long-awaited and much-anticipated Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. After the Commissioners’ vote, the EEOC issued a press release about the Guidance along
By Gerald L. Maatman, Jr., Jennifer Riley, and David Ross
On April 18, 2012, U.S. District Judge F. Dennis Saylor IV issued a decision in Karp v. Cigna Healthcare Inc., No. 11-CV-10361 (D. Mass. Apr. 18, 2012), granting a defense motion to compel bilateral arbitration of the Plaintiff’s claims in a proposed $100 million gender discrimination class action against Cigna. The
By David Kadue, Gerald L. Maatman, Jr., Jennifer Riley, and David Ross
When one thinks of the judicial venues responsible for leading class action rulings, the District Court of Polk County, Iowa, does not immediately come to mind. Judge Robert Blink’s opinion of April 17, 2012, however, has put Polk County on the class action map. His
We were honored to present today on workplace class action issues at the Annual Conference of the Risk and Insurance Management Society (RIMS) in Philadelphia with Thomas P. Hams, EPLI Practice Leader at Aon Risk Solutions, and Nicole Franzese, Senior Risk Manager at Best Buy Co., Inc. RIMS is the largest insurance-based educational meeting in the
By Laura Maechtlen and Brian Wong
This past week the U.S. District Court for the Northern District of California issued a decision denying class certification in Herrera et. al. v. Service Employees International Union Local 87, No. 3:10-CV-01888-RS (N.D. Cal. April 10, 2012), in which Plaintiffs alleged that their union violated Title VII and the California Fair Employment and
By Gerald L. Maatman, Jr., Chris Palamountain, and David Ross
As quiz shows go, we believe that NPR has created the most honest one. The pauses designed to give the home player a chance to answer before the reveal are not engineered with lights and buttons and coy invitations from the host. Instead, the home audience is treated
By Mark Casciari and Alexis Hawley
In Northwest Airlines, Inc. v. Phillips, Case No. 11-1730, 2012 U.S. App. LEXIS 7072 (8th Cir. Apr. 9, 2012), the U.S. Court of Appeals for the Eighth Circuit recently issued an important decision for employers on the application of the Age Discrimination in Employment Act (ADEA) to employee pension benefit plans. In the current
By Gerald L. Maatman, Jr. and Jennifer Riley
The plaintiffs’ class action bar continues in its search for “re-booting theories” to workaround Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541 (2011). Our blog has commented on this phenomenon and the courthouse scorecard to date as judges confront and rule upon these attempts (read more here, here, here
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