Labor/Employment
Apr. 27, 2012
Judicial Paternalism and the wage class action
Brinker seems to suggest that courts should "protect" employers by ignoring the merits of a claim when certifying a class. By Brian Sinclair of Rutan & Tucker LLP
Brian C. Sinclair
Having defended dozens of employers against hundreds of wage-and-hour class actions, I have never had one tell me that it preferred that the case proceed as a class action. I also have not had one employer tell me that it thought the class action procedure was fair or beneficial. Therefore, I was concerned by a passage in the recently published Brinker case that plaintiffs may attempt to exploit in class action certification proceedings. ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In