Published online by Cambridge University Press: 08 June 2021
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.