For the Average Employer

No Major Fallout from Wal-Mart

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Scalia’s Take on Class Actions

Odd, But Good News for Employers

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But Typical Claim for Typical

Employer is Single Claim

           Unless you’re a national chain or a multinational, chances are the recent decision from the U.S. Supreme Court, Wal-Mart Stores v. Dukes, et al. (10-277), will help you ideologically more than legally.  The vast majority of employment discrimination cases are brought by individual claimants.

             The more likely encounter you might have with class actions is the “opt in” class brought by an individual on behalf of “all others similarly situated” under the Fair Labor Standards Act.  The Wal-Mart decision has no impact on the caselaw under the relevant provision of the FLSA, Section 216(b).

 

 6/28/2011