On April 12, 2019, the Massachusetts Supreme Judicial Court (“SJC”) issued a ruling that clarified many outstanding questions in class action practice in Massachusetts. In Gammella v. P.F. Chang's China Bistro, Inc., 482 Mass. 1 (2019), the SJC provided guidance on: (1) the standard for class certification under the Massachusetts ...
Tag: class action
April 14, 2019Philip Gordon
Across the country, employers are requiring employees to sign agreements waiving any right to be part of a class action. These class action waivers have been the subject of substantial litigation as the stakes are high on all sides, and Courts across the country have given varied opinions. ...
July 24, 2017Philip Gordon
A Federal Court in North Carolina has conditionally certified a nationwide class action lawsuit under the Fair labor Standards Act for the 18,000 drivers who opted out of Uber’s arbitration clause. The case challenges Uber’s classification of its drivers as independent contractors. If you’re working in a job where you’re ...
July 12, 2017Philip Gordon
Dodd-Frank protects individuals who provide “information relation to violation of the securities laws to the [SEC].” The SECC rules issued in 2011 interpret those protections to cover individuals who make disclosures internally, as well as directly to the SEC. The Second and Ninth Circuits agree with the SEC, ...
July 7, 2017Philip Gordon
We are proud to announce that the Superior Court rejected the City of Brockton plea to reduce the jury's $4M verdict in its battle against our client, Russell Lopes. (View Article)
June 26, 2017Philip Gordon
The Department of Justice just switched sides, and now supports class action waivers. For the past few years, the DOJ has defended the national Labor Relations Board’s position that class action waivers violated the NLRA and were unenforceable. No more. In a brief filed with the Supreme ...
June 19, 2017Philip Gordon
Patrick Murphy of Lawyers Weekly interviewed Philip Gordon on proposed legislation to combat wage theft. Gordon discussed subsidiary pyramid schemes and their impact on wage theft. Take a look at the article: "Renewed push vowed for beefed up wage theft bill" (October 13, 2016) (View Article)
October 13, 2016Philip Gordon
Philip Gordon Co-Chairs the panel on class actions at the 37th Annual Labor and Employment Law Spring Conference of Massachusetts Bar Association on May 6, 2016 (View Article)
May 6, 2016Philip Gordon
A significant gender discrimination lawsuit recently reached a proposed settlement of $3 million for 101 women working for Publicis group. The lawsuit grew out of concern by women about the public relations giant’s practices concerning equal pay, promotion and opportunities, as well as specific allegations of open gender inequity. Specific claims ...
October 15, 2015Philip Gordon
A $188 million judgment for damages has Wal-Mart officials asking the United Supreme Court to step in. The dispute started with a Pennsylvania class action lawsuit, involving approximately 187,000 Wal-Mart employees who worked for the company between the years of 1998 and 2006. The employees alleged that they were forced ...
May 12, 2015Philip Gordon
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 ...
February 11, 2015Philip Gordon
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, ...
October 31, 2011Philip Gordon
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 ...
September 26, 2008Philip Gordon
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 ...
April 9, 2008Philip Gordon
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 ...
May 1, 2006Philip Gordon