Tag archives: Class Actions

Ninth Circuit adds to circuit split regarding enforceability of class action waivers

On August 22, 2016, the U.S. Court of Appeals for the Ninth Circuit joined the Seventh Circuit in finding that an employer violates the National Labor Relations Act (“NLRA”) by requiring employees to sign an agreement including a class arbitration waiver.

In Morris v. Ernst & Young, plaintiffs were required to sign “concerted action waivers” as a condition of their employment.  The “concerted action waiver” required employees to (1) pursue legal claims against Ernst & Young exclusively through arbitration and (2) arbitrate only as individuals and in “separate proceedings.”

Plaintiffs argued that the “separate proceedings” clause contravened three federal … Continue Reading

New era of representative evidence? Time will tell

On March 22, 2016, in a 6-2 decision, the US Supreme Court greenlighted the use of representative evidence in the federal wage and hour class case of Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The Court approved the use of statistical averaging of employee donning and doffing time in connection with Fair Labor Standards Act (FLSA) class certification. The opinion discusses several limiting factors that employers will no doubt argue constrains its applicability, especially outside the FLSA context.… Continue Reading

Commonality continues to be stumbling block for certifying misclassification class proceedings

This post was contributed by Shannon Robinson, Associate, Norton Rose Canada LLP and Matthew Demeo, Articling Student, Norton Rose Canada LLP (Ottawa)

Last month, the Divisional Court of the Ontario Superior Court of Justice (Divisional Court) upheld a decision that refused to certify class proceedings for unpaid overtime against the Canadian Imperial Bank of Commerce (CIBC) and CIBC World Markets (CIBCWM).

In Brown v. Canadian Imperial Bank of Commerce, 2013 ONSC 1284, the Divisional Court reviewed Justice Strathy’s April 27, 2012 decision denying certification of a proposed class action for failing to … Continue Reading

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