Topic: Collective Action

Alleging Classwide Racial Discrimination Can Be Uber-Challenging

If you’re an Uber rider, you’re probably familiar with Uber’s requests that you rate your driver. It’s a five-star rating system. Five is the best. One is the worst. As it turns out, those ratings are vitally important to Uber drivers. Uber requires its drivers to maintain a minimum star rating. This post is about […]

Senate to Determine Whether to “Waive” Goodbye to Class Action Waivers and Mandatory Arbitration Agreements

Last month, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act, or the “FAIR Act.” The FAIR Act, should it be passed by the Senate and signed into law, would prohibit class action waivers and mandatory pre-dispute arbitration agreements in a wide range of disputes: Employment disputes that arise out of […]

Collective Action and Class Action Settlements Require Careful Consideration

We often report in our monthly digests on cases asserting claims under the federal Fair Labor Standards Act (FLSA) and state wage and hour laws. These cases generally involve claims that a company, often a restaurant or delivery service company, failed to pay overtime, used an improper “tip pool,” or treated workers as independent contractors, […]

Preview of Significant Class Action Cases Pending in the U.S. Supreme Court

The Supreme Court began its new Term on October 5, and already the Court is slated to hear several cases that could have major impacts on class-action litigation. Among the issues facing the Court are: ▪ whether a defendant can render a putative class action moot by offering the named plaintiff all the relief the […]

Court Certifies State Wage and Hour Claims Alongside FLSA Collective Claims

We have reported recently in this space on the certification of state wage and hour claims. Judge Gergel recently continued with this trend, certifying a class of Jamaican workers at the Kiawah Island Golf Resort who contend they weren’t paid enough by the Resort. See Moodie v. Kiawah Island Inn Co., LLC, No. 2:15-cv-1097 (D.S.C. […]

Local lawsuit mirrors FLSA class action appeal to be decided by the U.S. Supreme Court

In Johnson v. Amazon.com dedc, LLC, No. 3:14-cv-01797 (D.S.C. May 2, 2014), seven South Carolina Amazon warehouse workers sued Amazon on behalf of themselves and similarly situated employees alleging unpaid overtime in violation of the Fair Labor Standards Act (“FLSA”) at Amazon’s fulfillment centers in West Columbia and Spartanburg. Plaintiffs allege that they should be […]

W.D.N.C. Denies Certification for Appeal of Interlocutory Class-Action Determinations

Rule 23(f) provides an avenue for appealing a class-certification decision, and, on occasion, 28 U.S.C. § 1292(b) provides an alternative path for interlocutory appeal. See Stott v. Martin, 783 F. Supp. 970, 973 (E.D.N.C. 1992). In Long v. CPI Security Systems, Inc., No. 3:12–cv–396, 2013 WL 3761078 (W.D.N.C. July 13, 2013), though, Judge Conrad observed […]