In light of the recent decision in Wal-Mart Stores, Inc. v. Dukes, the Ninth Circuit Court of Appeals reversed a district court’s certification of a class of newspaper writers. The Ninth Circuit directed the lower court to reconsider its analysis in light of Wal-Mart, a disapproval of what the Supreme Court called “trial by formula,” where a sample of class members’ damages are used to determine what individuals are owed. The Wang case held that an employer’s internal exemption policies are applied uniformly to employees, ignoring the potential for individual issues that may make class treatment difficult, the recent decision held. However, plaintiffs need only one common question to satisfy the requirements of Rule 23(a)(2) Wang v. Chinese Daily News, Inc.
Disclaimer: Our blog uses recent cases involving employment law issues. Our office does not represent parties in these cases. The cases are used for information purposes only, and should not be considered legal advice.