Articles Posted in class action

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…

Recently, the US Supreme Court has taken a hostile view of employment cases and consumer protections by gutting the class action rules, leaving many individuals without meaningful relief. In short, this has meant that companies who damaged consumers and employees consistently across many individuals but in very small doses, would avoid having to correct the…

Favorable Wal-Mart ruling overturned. Order decertifying the Wal-Mart class action is reversed, and summary judgment on a number of issues is overturned. In a suit alleging that Wal-Mart “wrongfully withheld compensation for time worked and denied or cut short rest and meal break to which they were entitled,” the Supreme Judicial Court of Massachusetts (“SJC”),…

Current and former employees of New Bedford’s Michael Bianco, Inc., today filed a federal court class action lawsuit on behalf of more than 500 workers, alleging multiple violations of the federal and state wage and overtime laws. Papers filed in the case describe how Michael Bianco, Inc., systematically and intentionally violated the laws requiring time-and-half…

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,…