Litigation: Changing the channel? Employment class actions after Concepcion and Comcast

Concepcion and Comcast may ultimately reduce the threat of employment class actions

Employment class actions are perhaps the most disruptive form of class action litigation from a company’s perspective: at their worst, they can be hugely expensive, high stakes public relations nightmares. Recent United States Supreme Court decisions in this area may ultimately reduce the threat of employment class actions — but this hasn’t quite happened yet.  

Class/collective action waivers in employment agreements

The effect of Comcast on wage-and-hour class actions

In Comcast Corp. v. Behrend, the Supreme Court held that Federal Rule of Civil Procedure 23 required plaintiffs in an antitrust action to show at the class certification stage not merely that damages were capable of class-wide proof, but that the damages flowing specifically from the plaintiffs’ theory of liability were capable of such proof.

Contributing Author

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Lawrence T. Gresser

Lawrence T. Gresser is a co-founder and the managing partner of Cohen & Gresser LLP and a member of the firm’s Litigation and Arbitration practice...

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Contributing Author

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Melanie A. Grossman

Melanie A. Grossman is an associate in Cohen & Gresser LLP’s Litigation and Arbitration practice group.

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