Employment Class And Collective Actions
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Employment Class And Collective Actions
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Author : David Sherwyn
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
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 2009-01-01 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.
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 Action Institute
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Author : Morris J. Baller
language : en
Publisher:
Release Date : 2000
Employment Class Action Institute written by Morris J. Baller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Class actions (Civil procedure) categories.
Wage Hour Collective And Class Litigation
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Author : Noah A. Finkel
language : en
Publisher: Law Journal Seminars Press
Release Date : 2017-07-28
Wage Hour Collective And Class Litigation written by Noah A. Finkel and has been published by Law Journal Seminars Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
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.
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.
Employment Class And Collective Actions
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Author : David Sherwyn
language : en
Publisher: Kluwer Law International
Release Date : 2009
Employment Class And Collective Actions written by David Sherwyn and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 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.
Managing Class Struggle
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Author : Holly J. McCammon
language : en
Publisher:
Release Date : 1990
Managing Class Struggle written by Holly J. McCammon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Industrial relations categories.
The Nlrb V The Courts
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Author : Stephanie M. Greene
language : en
Publisher:
Release Date : 2017
The Nlrb V The Courts written by Stephanie M. Greene 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.
When employees sign employment agreements, they are most likely not concerned about a mandatory arbitration provision forbidding them from engaging in class or collective actions. The United States Supreme Court has shown a strong preference for enforcing arbitration agreements, even when they foreclose rights to collective action. The National Labor Relations Board, however, has found that individual employment agreements may not prevent employees from engaging in protected concerted activity in both union and nonunion environments. The Board ruled in D.R. Horton that individual, as opposed to collectively bargained, arbitration agreements that are a condition of employment, may not bar collective action through both arbitral and judicial forums. The Board reasons that Section 7 of the National Labor Relations Act mandates the preservation of rights to collective activity, and that the Supreme Court's strong preference for individual arbitration must accommodate the text and legislative history of the Act. Despite the Board's decision, most federal courts have declined to strike down mandatory arbitration agreements that foreclose collective action, even when it means undermining rights under federal wage and hour statutes as well as employees' NLRA rights. The authors support the NLRB's interpretation as the correct and preferred framework for analysis of NLRA challenges to forced individual arbitration. The authors maintain that the courts should recognize that the Board's decision is consistent with Supreme Court precedent and adopt the reasoning of the NLRB to preserve substantive federal statutory rights of private sector employees.
Disability Disparate Impact And Class Actions
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Author : Michael Ashley Stein
language : en
Publisher:
Release Date : 2006
Disability Disparate Impact And Class Actions written by Michael Ashley Stein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination which defined a group's social identity was also sufficient to legally bind members together, even when relief had to be issued individually. Interwoven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons with disabilities. Under the Americans with Disabilities Act ("ADA"), individual employee claims to accommodate specific impairments, such as whether to install ramps or replace computer screens, have all but eclipsed a coherent theory of disability-based disparate impact law, and the class action device has been virtually non-existent in disability discrimination employment cases. The absence of collective action has been especially harmful because the realm of the workplace is precisely where group-based remedies are needed most. Specifically, a crucial but overlooked issue in disability integration is the harder-to-reach embedded norms that require job and policy modifications. The Article argues that pandisability theory serves as an analogue to earlier notions of panethnicity and provides an equally compelling heuristic for determining class identity. It shows that pandisability undergirds ADA public service and public accommodation class actions where individualized remedy assessments have been accepted as part of group-based challenges to social exclusion. The Article also demonstrates that this broader vision of collective action is consistent with the history underlying the class action device. Taking advantage of the relatively blank slate of writing on group-based disability discrimination, it offers an intrepid vision of the ADA's potential for transforming workplace environments. In advocating for a return to an earlier paradigm of collective action in the disability context, the Article also provides some thoughts for challenging race and sex-based discrimination.
Employment Class And Collective Actions
DOWNLOAD
Author : David Sherwyn
language : en
Publisher: Kluwer Law International
Release Date : 2009
Employment Class And Collective Actions written by David Sherwyn and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 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.