Class Certifications Employment Class Actions Massachusetts Decisions
April 15, 2019 / January 12, 2023 by Don Frederico
Every now and then a case comes along that rewards us class action nerds with an embarrassment of riches. Gammella v. P.F. Chang’s China Bistro, Inc., decided last week by the Massachusetts Supreme Judicial Court, is one such case. In it, the Court addressed a number of important class certification issues, some unique to Massachusetts […]
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Class Arbitration Employment Class Actions Supreme Court
May 23, 2018 / February 26, 2019 by Katy Rand
Since the Federal Arbitration Act’s (FAA) enactment in 1925, parties have sparred over the enforceability of arbitration agreements in a number of contexts. In recent years, the battle has focused on the enforceability of class or collective action waivers, pursuant to which parties agree to forgo their right to proceed on a class basis and […]
Class Certifications Employment Class Actions US District Court - Mass
July 18, 2017 / January 12, 2023 by Don Frederico
In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically, the plaintiffs alleged that they were required to remain in the store during their breaks when they were the only managerial employees […]
January 17, 2017 / February 26, 2019 by Katy Rand
Last week, the Supreme Court consolidated and agreed to hear three appeals of Circuit Court decisions concerning whether class action waivers contained in employment arbitration agreements infringe on employees’ rights under Section 7 of the National Labor Relations Act. According to the schedule currently in place, briefing on these cases will commence in late February […]
Arbitration Class Arbitration Employment Class Actions
January 3, 2017 / February 26, 2019 by Katy Rand
Employers commonly use arbitration agreements to minimize the expense and exposure of employment-related claims. By mandating arbitration of employment disputes, they hope to ensure that these matters are resolved in a cost-effective and confidential manner. Many arbitration agreements go a step further, requiring employees to pursue their claims individually, and to waive their right to […]
Employment Class Actions Supreme Court
March 23, 2016 / May 17, 2024 by mindgrub
In Tyson Foods, Inc. v. Bouaphakeo, et al., the United States Supreme Court affirmed a judgment in favor of a class of Tyson employees, holding that averaged statistical analysis or so-called “representative evidence” presented by the class’s experts properly established classwide liability in the case. The Court rejected, however, the requests of all parties and amici curiae to adopt a broad and categorical rule governing the use of representative and statistical evidence in class actions, stating that...
