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EPL: Employment Practices Liability or Enormous Potential for Loss?

EPL: Employment Practices Liability or Enormous Potential for Loss?. Gerald L. Maatman Jr. , Moderator Seyfarth Shaw Mark S. Dichter Morgan, Lewis & Bockius LLP Cyrus Mehri Mehri, Malkin & Ross PLLC Paul J. Siegel Jackson Lewis LLP Steven M. Sprenger Sprenger & Lang.

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EPL: Employment Practices Liability or Enormous Potential for Loss?

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  1. EPL: Employment Practices Liability or Enormous Potential for Loss? Gerald L. Maatman Jr., Moderator Seyfarth Shaw Mark S. Dichter Morgan, Lewis & Bockius LLP Cyrus Mehri Mehri, Malkin & Ross PLLC Paul J. Siegel Jackson Lewis LLP Steven M. Sprenger Sprenger & Lang

  2. New Wave of Employment-Related Class Actions June 4, 2007 Hamilton, Bermuda Hamilton, Bermuda ~ June 4 & 5, 2007

  3. Rule 23 Requirements • Big Group Of People • Common Claims And Issues • Named Plaintiff Presents “Typical” Claims • Named Plaintiff And Lawyers Will Adequately Represent The Class • Most Efficient Manner In Which To Decide Core Issues For A Big Group Of Plaintiffs

  4. Injunctions, Money Damages, and Attorneys’ Fees in Employment Discrimination Class Actions • Rule 23(b)(2) Injunctive Relief • Rule 23(b)(3) Monetary Relief • Fees Awarded to Class Counsel

  5. §216(b) Requirements Are Key In FLSA Collective Actions • Opt In / Opt Out • Lenient Two-Step Collective Action Certification Process

  6. Leading Rule 23 Settlements in Employment Discrimination Cases in 2006 • C.H. Robinson - $15 million • Los Alamos Labs - $12 million • Treasury Department - $9 million • N.Y. Convention Center - $8.4 million • Sprint - $5.5 million • Woodward Governor - $5 million

  7. Leading Class Action Settlements in FLSA Collective Actions in 2006 • Citigroup - $98 million • UBS - $89 million • Morgan Stanley - $42.5 million • 24 Hour Fitness - $38 million

  8. Key Rule 23 Rulings for Employment Discrimination Cases In 2006 • IPO – 2nd Circuit • J & J – New Jersey • Colindres – Texas • Reeb – 6th Circuit • Cargill – Minnesota • Costco – California • Boeing – Oklahoma

  9. Key § 216(b) Rulings For FLSA Cases In 2006 • Glewwe – New York • Himmelman – New Jersey • Carlson – Minnesota • Honojos – Nevada • Sepulveda – California • In Re Farmers – 9th Circuit

  10. Mega Employment Discrimination Settlements thus far in 2007 • $46 Million In Augst-Johnson, et al. v. Morgan Stanley (D.D.C. – April 24, 2007) • $55 Million In Satchell, et al. v. Federal Express (N.D. CA – April 12, 2007) • $57 Million In Williams, et al. v. Sprint (D. Kan. – May 18, 2007)

  11. Mega Wage & Hour Settlements Thus Far In 2007 • $87 Million In Cornn, et al. v. UPS (N.D. CA – April 16, 2007) • $65 Million In Rosenberg, et al. v. IBM (N.D. CA – January 3, 2007) • $53.3 Million In In Re Albertson’s (D. Idaho – March 22, 2007)

  12. Key 2007 Rulings • Dukes, et al. v. Wal-Mart Stores, Inc., 274 F.3d 1214 (9th Cir. Feb. 6, 2007)

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