In the Second Circuit, employees generally can waive their right to bring a class or collective action as long as the cost of arbitrating the case on an individual basis is not cost-prohibitive and does not “remov[e] the plaintiff’s only reasonably feasible means of recovery.” See In Re American Express Merchants’ Litigation, 554 F.3d
Class Actions
Supreme Court Expands Relief Available in New York State Law Class Actions Filed In Federal Court
By Noel P. Tripp on
Posted in Class Actions, New York State
The Supreme Court dealt a blow to New York wage-and-hour defendants sued in federal court last week, overruling established precedent requiring plaintiffs bringing New York Labor Law (“Labor Law”) class actions in federal court to waive the 25% liquidated damages “penalty” in order to proceed on a class basis. In Shady Grove Orthopedic Assocs., P.A. …
The Fine Line: What Can You Say To Potential Class Members After The Company Is Sued
By Noel P. Tripp on
Posted in Class Actions
In 1981, the Supreme Court issued general guidance as to what an employer can say to “putative class members” In doing so, the Court explained that the judiciary has the power to control communications See generally Gulf Oil v. Bernard, 452 U.S. 89 (1981) (holding a district court has both the “duty and broad authority…