Employment Class Action

Filipino teachers file class action alleging they were forced into indentured servitude

A class-action lawsuit filed in Louisiana claims that 350 Filipino teachers were placed into indentured servitude after being recruited to teach in the state. The teachers were recruited through a placement service, which “charged them exorbitant application fees and transportation and housing costs” and took large amounts of their salaries, according to the lawsuit. The suit also contends that the teachers were forced to live in crowded houses and could not see their families. The

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Federal pleading standards in employment class actions

In Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), the Supreme Court issued a watershed decision on pleading standards under Fed. R. Civ. Pro. 8, making clear that the familiar notice pleading standard is no longer applicable.  In Iqbal, the Court clarified that its decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 554 (2007) applied to “all civil actions,” and was not limited to pleading standards in antitrust cases.  Iqbal, 129 S. Ct. at

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Nationwide class action brought by pizza delivery drivers against Domino’s Pizza certified

On June 21, 2010, a federal district court judge in Minnesota conditionally certified a class pursuant to the Fair Labor Standards Act (FLSA).  The FLSA allows employees to bring collective actions if they are not being paid the minimum wage.  The drivers allege that they have not been adequately reimbursed for delivery expenses and therefore have been paid less than the federal minimum wage.  Domino’s maintained that there were variations in reimbursement rates by store and to

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Ninth Circuit Reaffirms the Standard of Review for Class Certification in Dukes v. Wal-Mart

In Betty Dukes v. Wal-Mart, Inc., 603 F.3d 571 (9th Cir. 2010), the Ninth Circuit affirmed the certification of a class of female Wal-Mart employees who alleged that Wal-Mart discriminated against them in compensation and promotions.  The Dukes decision is newsworthy because it is the largest gender discrimination class ever certified.  Because of this, and because commentators suggest that there are substantial differences among the circuits, it is likely that the US Supreme Court will grant certiorari. However, just because the class is large

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