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

By Shafeeqa Watkins Giarratani (US), Andrew Yeh (US) and Jesika Blanco (US) on August 31, 2016 Posted in United States

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 … Continue reading

New era of representative evidence? Time will tell

By Barbara D'Aquila and Darryl Anderson (US) on April 5, 2016 Posted in United States

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 … Continue reading

Commonality continues to be stumbling block for certifying misclassification class proceedings

By guestauthor on May 23, 2013 Posted in Canada

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) … Continue reading