Articles Posted in class action

Class Actions Can Survive, Even When It’s Tough to Measure Damages
Gordon Law Group

Before class action lawsuits can proceed, they must be certified as such by the court. In order for this to occur, the individuals bringing the suit must present evidence that “questions of law or fact common to the class members predominate over any questions affecting only individual members,” as required under 23(b)(3) of the Federal Rules…

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Class Action Arbitration Waivers Unenforceable
Gordon Law Group

Big companies often avoid class action liability by forcing arbitration and blocking grouped claims. Recently, the US Supreme Court limited class action relief in job and consumer cases. Many workers lost access to fair recovery because companies spread harm in small, low-value claims. So, firms avoided payouts for widespread issues. Massachusetts Sets a Strong Limit…

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Class Action Against Wal-Mart Goes Forward & Meal Breaks Have Value
Gordon Law Group

A major Wal-Mart decision got overturned. The class action can now continue. Also, the court confirmed meal and rest breaks have real value. Workers can still recover damages for missed break time. What Happened in Court Later, the Supreme Judicial Court of Massachusetts overturned multiple lower court decisions. It also reversed summary judgment on several…

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Michael Bianco Workers Claim Wages Owed: Class Action Lawsuit Filed for Overtime and Unpaid Wages
Gordon Law Group

More than 500 current and former workers from the New Bedford factory Michael Bianco, Inc. filed a federal class action lawsuit. The case alleges wage theft, unpaid overtime, and illegal time deductions. Key Allegations Explained Clearly The lawsuit claims the company built a payroll scheme to avoid paying overtime. Many workers logged a full day…

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Company’s Attempt to Enforce Class-Action Waiver Held Unconscionable
Gordon Law Group

A Federal District Court has denied a motion to dismiss a claim brought by employees seeking to bring a class action lawsuit against their employer under the Fair Labor Standards Act (FLSA) for nonpayment of overtime wages, in spite of a class action waiver found in the employer’s dispute resolution program. The case is Skirchak,…

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