Class Actions In Employment Related Disputes

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Class Actions In Employment Related Disputes

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Author : Peter S. Spiro
language : en
Publisher:
Release Date : 2015

Class Actions In Employment Related Disputes written by Peter S. Spiro and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.

The traditional means by which workers asserted their collective rights was the union movement, but that has been in severe decline in the private sector. Class action lawsuits would appear to be the ideal modern substitute. There have been a few noteworthy successes for employees in the last few years, helping to ensure that employers in the banking sector abide by statutory requirements to provide overtime pay. Certification has proven to be a significant hurdle in these actions, and there appear to be some meritorious cases where certification was not achieved. It is arguable that the case law that has developed around the finding of a common issue for certification is too confining for the employment context. The application of the certification tests ought to be nuanced and contextual. Employment class actions typically involve a considerable amount of diversity among individual employees. In such situations, it makes sense for the court to focus on the overriding central principles as providing a common issue, rather than using the individual variations to reject certification.

Strategies For Employment Class And Collective Actions

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Author : James M Nicholas
language : en
Publisher:
Release Date : 2012

Strategies For Employment Class And Collective Actions written by James M Nicholas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.

Strategies for Employment Class and Collective Actions provides an authoritative, insiders perspective on key tips for assisting clients through negotiating conditions in a settlement. Featuring experienced partners from law firms across the nation, these experts guide the reader through collecting documentation and evaluating when it is best to settle. These top lawyers offer specific advice on developing relationships with experts and witnesses, encouraging clients to use wage and hour policies, and helping clients stay up-to-date on various class action certification requirements. From fluctuations in wage and hour regulations to the benefits of early action, these experts stress the importance of educating clients on labor laws and taking preventative measures against policies at risk for litigation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-present field.

Employment Class And Collective Actions

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Author : David Sherwyn
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-15

Employment Class And Collective Actions written by David Sherwyn and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-15 with Law categories.

Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to bear on this controversial subject, readers will find insightful analysis of such issues as the following: Effect of class actions on losing companies; Importance of class actions to Title VII enforcement; Obstacles to class litigation; Compliance and internal enforcement challenges for large employers; Opt-in vs. opt-out alternatives for class members; Value and effectiveness of pattern or practice test cases; Legal limits of group identity; Shifting of the burden of proof; Authority of arbitrators to proceed on a class wide basis; and Countering statistical claims of expert witnesses. Because class actions are based on tension – that between commonality and individuation – they tend to accumulate precedent along a spectrum from disconnected disparity to meaningful resolution. In this deeply informed and thought-provoking book, lawyers and academics concerned with both the interests of employers and of employees will proceed with increased awareness as they work on reconciling the practical and theoretical constraints of class litigation.

Litigation Settlement Of Complex Employment Class Actions

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Author :
language : en
Publisher:
Release Date : 1998

Litigation Settlement Of Complex Employment Class Actions written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Class actions (Civil procedure) categories.

Wage Hour Collective And Class Litigation

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Author : Noah A. Finkel
language : en
Publisher:
Release Date : 2017

Wage Hour Collective And Class Litigation written by Noah A. Finkel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

Wage and hour litigation continues to proliferate, carrying with it the risk of potentially exorbitant damage awards. Written from the defense perspective, Wage & Hour Collective and Class Litigation covers every step of a case, from complaint to certification, trial, verdict, settlement or dismissal. It's the first and only publication focusing exclusively on this growing area of practice and provides a vital weapon for employers. This comprehensive, up-to-date guide discusses how employers are targeted and the substantive, procedural and practical considerations that determine the outcome of wage and hour cases in today's courts. It includes analysis of the complex rules surrounding all types of wage and hour lawsuits: claims under the Fair Labor Standards Act (FLSA), claims under state wage and hour laws, "hybrid" cases involving both, and special issues involving government contractors. It explains how to proceed upon receipt of a wage and hour claim, how to assess the merits of the claim, whether to settle, how to oppose plaintiffs' motion for conditional certification and to facilitate notice, what the best affirmative defenses are, and how to tilt the odds in the defense's favor. Though designed to assist defense lawyers, this companion to high-stakes litigation will also prove useful to in-house counsel not involved in litigation, to plaintiffs' lawyers seeking analysis from the viewpoint of opposing counsel, and to any attorney developing an interest in this robust field of law.

Class Actions And Other Multi Party Litigation In A Nutshell

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Author : Robert H. Klonoff
language : en
Publisher: West Publishing Company
Release Date : 1999

Class Actions And Other Multi Party Litigation In A Nutshell written by Robert H. Klonoff and has been published by West Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

This new text covers all of the major topics of class action law & practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, "opt-out" rights, Seventh Amendment & due process issues, class settlements, remedies, appellate review, issue & claim preclusion, & ethical & policy issues. It also contains a special focus on securities, mass tort, & employment discrimination class actions, defendant class actions & shareholder derivative suits. The book explores the latest cutting-edge issues in multi-party litigation & discusses numerous groundbreaking court decisions.

Resolving Labor And Employment Disputes

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Author : Ross E. Davies
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-08-01

Resolving Labor And Employment Disputes written by Ross E. Davies and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-01 with Law categories.

In today’s political and economic climate, broad and easy agreement with the basic premise of labor law – to stimulate the economy by putting more money into the pockets of working people – is not likely. Bad economic times are generally not good for labor organization and labor standards. There is, of course, still an important for labor and employment and good practices to help resolve employment disputes. New York University’s venerable and prestigious Center for Labor and Employment Law has always been dedicated to the underlying principles of labor law as expressed in the National Labor Relations Act seventy-five years ago, despite recent economic challenges unforeseen at that time. The Center’s 2010 conference (the 63rd in this highly influential series) was built around a stocktaking of the current condition of labor law in the United States, focusing on the continuities and disparities that characterize practice in the field today. This volume contains papers presented at that meeting, all here updated to reflect recent developments. Extending beyond the NLRA itself, contributors discuss the effects of later legislation such as the Wagner and Taft-Hartley Acts of 1947, agencies such as the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, and proliferating connections between labor relations law and intellectual property law. Experts from both the practicing bar and academia – eighteen in all – call on their unique strengths to address such issues as the following: new applications of the § 10(j) injunction; remedies for unlawful discharges in organizing campaigns; confidentiality agreements; “legitimate employer interests”; reasonableness standard for enforcement of covenants not to compete; criminal prosecutions under the Computer Fraud and Abuse Act; the role of statistical evidence in systemic discrimination cases; certification for class actions; cultivating a “plan/prevent/protect” culture of compliance; and employee representation election regulation. The contributors emphasize the ways in which labor law and policy can be part of the great conversation about how to restore prosperity, encourage business, and create good jobs. Dedicated to ensuring a realistic and fair national labor policy for the future, this important publication offers definitive current scholarship toward that goal. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.

Advanced Employment Law And Litigation

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Author :
language : en
Publisher:
Release Date : 1996

Advanced Employment Law And Litigation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Actions and defenses categories.

Employment Dispute Resolution

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Author : Aspatore Books
language : en
Publisher: Aspatore Books
Release Date : 2008

Employment Dispute Resolution written by Aspatore Books and has been published by Aspatore Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.

Employment Dispute Resolution is an authoritative, insider's perspective on strategies for resolving employment disputes. Featuring partners and shareholders from some of the nation's leading law firms, these experts discuss the intricacies and challenges of addressing a dispute from the employer's perspective. These top lawyers reveal their advice on developing an initial response, including understanding the client's circumstances and liabilities, managing documentation and obtaining key evidence to develop a defense strategy, and evaluating the pros and cons of arbitration and mediation. From developing clear policies and procedures and implementing supervisor training to preventing escalation of a suit by responding proactively, these authors offer strategies for avoiding litigation. Additionally, these leaders detail how to deal specifically with discrimination suits and SOX whistleblower claims, explain the impact of recent cases and legislation, and project future trends. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to navigating a complex and ever-evolving area of law.

Mediation And Arbitration Of Employment Disputes

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Author : John T. Dunlop
language : en
Publisher: Jossey-Bass
Release Date : 1997-09-12

Mediation And Arbitration Of Employment Disputes written by John T. Dunlop and has been published by Jossey-Bass this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-09-12 with Business & Economics categories.

A Guide for Policy and Practice This book offers a road map to dramatically reduce workplace conflict and legal costs. ADR is a revolutionary trAnd that offers the potential for resolving disputes in a fair and reasonable manner, at tremAndous savings to everyone involved. On behalf of consumers, businesses, and ordinary Americans trapped in a liability logjam, bravo Dunlop and Zack! --Jerry J. Jasinowski, president, National Association of Manufacturers For many employers and employees alike, alternative dispute resolution (ADR) offers clear advantage over recourse to a legal system compromised by staggering case loads, Andless appeals, and high litigation costs. Indeed, ADR may prove the best hope for the equitable, affordable, and expeditious adjudication of employment dispute claims. Now, two of the people most responsible for the adoption of due process arbitration standards--standards that finally gave ADR real teeth--take a comprehensive look at due process arbitration in practice and offer policy guidelines, as well as an action plan for establishing mediation and arbitration as the cornerstones of any dispute resolution system.