Articles Posted in class action

Rule 68 offer aimed at picking. On April 12, 2019, the Massachusetts Supreme Judicial Court (“SJC”) issued a ruling that clarified many outstanding questions in class action practice in Massachusetts.  In Gammella v. P.F. Chang’s China Bistro, Inc., 482 Mass. 1 (2019), the SJC provided guidance on: (1) the standard for class certification under the…

Across the country, companies increasingly require employees to sign agreements containing class action waivers, blocking workers from joining collective lawsuits even when multiple individuals suffer similar workplace misconduct. These waivers have triggered years of class action waivers Supreme Court litigation, driven by sharp judicial disagreement, growing corporate risk exposure, and fundamental questions about employee legal…

The Dodd‑Frank Wall Street Reform and Consumer Protection Act includes robust safeguards for individuals who report potential violations of U.S. securities laws. Section 922 of Dodd-Frank established whistleblower protection rules that shield workers from retaliation when they provide qualifying information related to misconduct, fraud, or unlawful financial practices. Following the statute’s passage, the U.S. Securities…

A Federal Court in North Carolina has conditionally certified a nationwide class action lawsuit challenging Uber’s classification of approximately 18,000 drivers as independent contractors under the Fair Labor Standards Act (FLSA). The case proceeds on behalf of drivers who opted out of the company’s mandatory arbitration clause, marking one of the largest coordinated arbitration opt-out…

We are proud to announce that the Superior Court has rejected a post-trial plea by the City of Brockton to reduce a $4 million jury verdict awarded to our client, Russell Lopes. The Court’s decision preserves the original verdict, marking a major moment in a longstanding legal battle involving allegations of systemic discrimination, improper personnel…

cross the United States, the legal landscape surrounding worker rights to sue collectively has shifted substantially. The federal U.S. Department of Justice (DOJ) now favors the enforceability of class action waivers in employment agreements, reversing its previous long-defended position under the prior presidential administration. Previous DOJ Position and NLRA Enforcement Debate For several years, the…

The national employment law practice at Gordon LLP is drawing renewed attention as Lawyers Weekly published an interview featuring Philip Gordon, focusing on proposed legal reforms to combat wage theft and policy abuse in employer subsidiary structures. Patrick Murphy, senior writer for Lawyers Weekly, interviewed Gordon regarding new legislative momentum behind strengthening wage enforcement frameworks.…

Philip Gordon, partner and employment law strategist at Gordon LLP, co-chaired the Class Actions Labor Employment Law panel at the 37th Annual Labor and Employment Law Spring Conference, hosted by the Massachusetts Bar Association. The conference was held on May 6, 2016 in Massachusetts, and convened national employment lawyers, public policy advisors, labor rights advocates,…

A significant gender discrimination lawsuit recently reached a proposed settlement of $3 million for 101 women working for Publicis group. The lawsuit grew out of concern by women about the public relations giant’s practices concerning equal pay, promotion and opportunities, as well as specific allegations of open gender inequity. Specific claims by the lead plaintiff…

A $188 million judgment for damages has Wal-Mart officials asking the United Supreme Court to step in. The dispute started with a Pennsylvania class action lawsuit, involving approximately 187,000 Wal-Mart employees who worked for the company between the years of 1998 and 2006. The employees alleged that they were forced to skip breaks or otherwise…