If you’ve been defrauded of money from your boss, then you could be qualified for an amount of compensation as per the Fair Labor Standards Act. These laws define the minimum wage as well as overtime compensation. Non-exempt employees are not able to be paid off-the-clock without pay, and the law demands to receive 1.5 times their normal rate of compensation for overtime. If you’re still not receiving the right pay, you’re able to bring an action.
In the case of Wal-Mart v. Dukes the plaintiffs sought the an approval as a Rule 23(b)(2) group of female Wal-Mart employees who are currently employed. They also sought declaratory and injunctive remedies against Wal-Mart in the Region 43. Wal-Mart asserts that Andrews bar claims based on class actions. Dukes isn’t the sole deciding factor since plaintiffs have filed suits in a timely fashion. The issue is whether Dukes bars class action lawsuits in accordance with the doctrine of the APA.
The Supreme Court recently decided to dismiss a class-action suit brought filed by Wal-Mart employees who are female. The plaintiffs sought relief from injunction, the declaration of relief and punitive damages and backpay. They claimed gender discrimination in promotions and pay. The suit claimed that Wal-Mart had discriminated against female employees across the country by requiring managers to make their own decisions about promotion and salary. Plaintiffs claimed the practices resulted in lower salaries and more time to promotions for female employees.
It was the Supreme Court ruled that the Dukes case did not constitute a class case, even though an overwhelming majority denied the case’s status as an action for class. But, the court declined to remand the case since the plaintiffs did not demonstrate that the decisions of the defendants. The court also pointed out the fact that Dukes wasn’t a collective action however, it was a distinct suit brought by one plaintiff, which means it was not a class-action.
In Dukes v. Dukes, plaintiffs sought classification in the Northern District of California. In Dukes, the Ninth Circuit affirmed the nationwide certification of the class however, the Supreme Court reversed this decision. The decision in Dukes won’t affect the settlement for class action in any other cases involving Wal-Mart. In the end, the ruling will impact how the business operates. Although the decision of the court will have an impact on the matter but it is likely to influence other lawsuits that women have filed against Wal-Mart.
In the event that Ninth Circuit affirmed the Sixth Circuit’s decision by a majority, plaintiffs could request a second examination to the Sixth Circuit’s decision. They can also choose to file the motion to certify class. In that instance the district court could decide the matter based on the principles of stare decisis or co-operation. Although there are a few cases supporting the tolling of the limitation period but the plaintiff’s argument might not have been properly depicted in the earlier case.
This case also underscores the necessity of having a clear process for class certification. Although Wal-Mart was not able to certifiably certify an ex-walmart employees however, the Ninth Circuit sitting en banc made a decision to keep the right of these employees to seek monetary relief under Rule 23(b)(3). The Ninth Circuit’s decision makes clear that districts courts can issue certificates to additional classes, if needed.
The decision of the Supreme Court in Wal-Mart is a call to revisit the issue of the conditions in Title VII’s location. Wal-Mart asserts that class members must meet the requirements of Title VII, in contrast to the previous line of cases that said that absent class members are not relevant. The Court pointed out it was the supreme court’s ruling in Dukes stops re-examining this question in the future.
In the contest, Tyson Foods pointed out that it wasn’t capable of determining how much overtime and other benefits for its employees and said that this was not an acceptable assumption. The company, however, stated that it was not able to be held accountable for the amount of time it takes to dress and remove each employee’s clothes. In any event the ruling raises an unanswered question: can Tyson be relying on statistics to support its assertions?
The appeal is about the amount of time Tyson employees wear and removing protective gear when working. The plaintiffs claimed that this was a crucial element of their job and therefore deserved compensation. Tyson was unable to compensate the plaintiffs for this period. The court ultimately approved the class action as an action collective under the FLSA and Rule 23 of the Federal Rules of Civil Procedure. The plaintiffs claimed Tyson was not paying overtime to cover the donning and doffing equipment. This ruling has implications for the company’s growth in the near future.
Tyson Foods’ appeal to the U.S. Supreme Court aimed to overturn its $5.8 million overtime settlement in an class action wage and hour suit, contending that plaintiffs weren’t permitted to use statistics to establish damages and that the trial court had used flawed methods to calculate damages. Utilizing statistical evidence to calculate damages would have undermined the protection of rights of workers throughout the U.S.
The validity of Tyson’s appeal is contingent on whether the plaintiffs’ arguments are able to stand up to scrutiny. Presently there is a U.S. Court of Appeals for the Eighth Circuit has upheld the lower court’s ruling, however appeals before the Supreme Court could be resolved in any manner. After the appeals have been resolved, Tyson must address the procedure used to award the award.
In the last two years over the last two years, in the past two years, U.S. Supreme Court has been able to decide whether to consider cases involving Tyson Foods and its workers. Tyson Foods filed amicus briefs in both cases. On one hand it was in favor of Wal-Mart Stores, a host of business associations, a few traditional legal advocacy organizations, and an association of law professors. The workers supported Tyson Foods’ case.
Although it is true that the Tyson Foods case did set the right standard for evaluating the admissibility of evidence from statistical sources but this decision by the U.S. Supreme Court failed to give guidance to trial judges on how to handle the evidence of statistics. This Tyson Foods decision exemplifies how low courts have strayed from the proper procedures in wage and hour litigation. Tyson Foods should appeal the decision.
The Tyson decision is likely to spark discussions about the proper use of statistical evidence in wage and hour litigation. The decision could limit the decision to cases in which plaintiff’s classes are employing Mt. Clemens statistical evidence. And the plaintiff’s group action bar might be tempted to interpret the decision as a change in Wal-Mart’s ban on wage or hourly class actions.