The U.S. Supreme Court’s recent decision to review a donning-and-doffing case against Tyson Foods Inc. gives the justices a chance to both make class actions tougher to pursue by curtailing the use of statistical sampling to support certification, and announce if and how the high court’s landmark Dukes ruling applies to Fair Labor Standards Act collective actions.
Van Kampen Law Attorneys Quoted in Law360
The U.S. Supreme Court’s decision reviving a U.S. Equal Employment Opportunity Commission religious bias suit against Abercrombie & Fitch Stores Inc. closed what could have been a legal loophole that would have given some employers a green light to plead ignorance in religious accommodation cases.
Josh Van Kampen said he expected that some employers’ ignorance of or willingness to flout the new requirements would set them up as “low- hanging fruit” for future wage-hour plaintiffs. “Notwithstanding our management colleagues’ attempts to train on this, there are going to be scores of employers who are just caught flat-footed and don’t do anything at all,” Van Kampen said.
“Proving employment discrimination in federal court is one of the hardest things you can undertake,” Josh Van Kampen, founder of Charlotte, North Carolina-based plaintiff’s employment firm Van Kampen PC, said of Judge Niemeyer’s “widespread litigation” forecast.
As the number of Fair Labor Standards Act complaints filed in U.S. federal courts continues to climb, attorneys say the more modest growth in new cases over the past few years could be chalked up to aggressive efforts by major employers to improve their payment systems, keep a close eye on managers and never let their guard down.
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