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4 - Aggregating Claims

Published online by Cambridge University Press:  08 June 2021

Joseph A. Seiner
Affiliation:
University of South Carolina
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Summary

This chapter sets forth the guidelines for systemic litigation. This chapter examines the Supreme Court’s decision Wal-Mart Stores, Inc. v. Dukes, explaining how the Court has redefined the standard for commonality. Next, this chapter examines the Fair Labor Standards Act – which creates the federal requirements for wage/hour claims. This chapter then examines the federal district court decision in O’Connor v. Uber, which permitted the aggregation of a class on the worker classification issue. This chapter further examines the potential harm of the O’Connor analysis and the need for more clarity in the technology sector. This chapter proposes a framework for analyzing whether class action claims should be permitted to proceed in technology-based cases. Finally, this chapter explores how Federal Rule of Civil Procedure 23(c)(4) – issue class certification – can impact the analysis of class action cases.

Type
Chapter
Information
The Virtual Workplace
Public Health, Efficiency, and Opportunity
, pp. 78 - 113
Publisher: Cambridge University Press
Print publication year: 2021

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  • Aggregating Claims
  • Joseph A. Seiner, University of South Carolina
  • Book: The Virtual Workplace
  • Online publication: 08 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108652148.005
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Aggregating Claims
  • Joseph A. Seiner, University of South Carolina
  • Book: The Virtual Workplace
  • Online publication: 08 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108652148.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Aggregating Claims
  • Joseph A. Seiner, University of South Carolina
  • Book: The Virtual Workplace
  • Online publication: 08 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108652148.005
Available formats
×