Beyond Wang
Other courts also have applied Wal-Mart Stores Inc. v. Dukes to wage and hour collective and class actions. At least two district courts—the…
April 22, 2013 at 06:43 AM
5 minute read
Other courts also have applied Wal-Mart Stores Inc. v. Dukes to wage and hour collective and class actions.
At least two district courts—the Western District of Wisconsin and the District of South Carolina—cited Dukes when they denied class certification in Fair Labor Standards Act (FLSA) cases in 2011. And in March, the 4th Circuit relied on Dukes to reverse a district court's class certification decision in Ealy v. Pinkerton Gov't Servs. Inc., a case involving claims of FLSA and state labor law violations.
“The 4th Circuit held that the district court abused its discretion in certifying the class because it failed to undertake the 'more rigorous' class certification analysis required by Dukes,” says Jennifer Ciralsky, a shareholder at Littler Mendelson.
Other courts also have applied
At least two district courts—the Western District of Wisconsin and the District of South Carolina—cited Dukes when they denied class certification in Fair Labor Standards Act (FLSA) cases in 2011. And in March, the 4th Circuit relied on Dukes to reverse a district court's class certification decision in Ealy v. Pinkerton Gov't Servs. Inc., a case involving claims of FLSA and state labor law violations.
“The 4th Circuit held that the district court abused its discretion in certifying the class because it failed to undertake the 'more rigorous' class certification analysis required by Dukes,” says Jennifer Ciralsky, a shareholder at
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