Governmental Affairs - News & Articles
Rising Class and Collective Lawsuits in Employment
by Thomas P. Krukowski
Class and collective actions are legal procedures that permit groups of individuals to present common claims to courts. These lawsuits are generally less expensive and more efficient for litigants to maintain or defend than are multiple individual cases; they conserve judicial resources by allowing common questions to be decided once, instead of many times; they avoid inconsistent results regarding similar claims; and they provide clear expectations regarding future rights and obligations. However, merely stating that claims must share common questions of law or fact to be eligible for class- or collective-action treatment is an over-simplification of the many nuances that can make this area of the law challenging. Recently, there has been a significant increase in the number of class and collective actions filed in employment law matters, and all indications suggest that this trend will continue. This article outlines some of the issues specific to employment law class and collective actions and offers recommendations for employers and employees addressing these types of group claims.
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