Employment Law Game Changers: Wal-Mart v. Dukes and Sullivan v. Oracle Corp.
Our leading Employment Law partners will review the holdings of these two landmark cases as well as their ramifications for employer practices and litigation tactics.
_Wal-Mart v. Dukes_On June 20th, the United States Supreme Court reversed certification of a nationwide class action alleging gender discrimination in pay and promotions against more than 1.5 million women at thousands of retail stores across America.
The Court unanimously held that the claims for back pay were not incidental to injunctive or declaratory relief and could not proceed under Federal Rule of Civil Procedure 23(b)(2).
Five Justices also held that the class failed to meet the commonality requirement of Federal Rule of Civil Procedure 23(a)(2). Writing for the majority, Justice Scalia explained: Without some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members claims for relief will produce a common answer to the crucial question why was I disfavored.
_Sullivan v. Oracle Corp._On June 30th, the California Supreme Court addressed, at the request of the Ninth Circuit, three questions about the applicability of California law to nonresident employees who work both in California and in other states for a California-based employer. The Court concluded:
The California Labor Code applies to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of the case, such that overtime pay is required for work in excess of eight hours per day or in excess of forty hours per week.
California Business and Professions Code section 17200 applies to that overtime work.
Section 17200 does not apply to overtime work performed outside of California for a California-based employer by out-of-state plaintiffs in the circumstances of the case if the employer failed to comply with the overtime provisions of the federal Fair Labor Standards Act.
DATETuesday July 12, 2011
TIME12:00 pm - 1:30 pm PT
RSVP by Friday, July 8 to Kristi Sadler at
PLEASE NOTEThis complimentary 90-minute teleconference is open only to clients of Paul Hastings. No recording of any kind is permitted.