Employment and Immigration Law Package
by MAGGIE FERRON and JOANN RICCIARDELLI
Over the past few years, federal courts have moved towards limiting the ways in which employees can join wage and hour lawsuits and inform one another of the existence of these lawsuits. For example, after Walmart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), federal courts have become more hesitant to certify class actions in employment cases.
By ASHLEY TOTORICA
Almost as soon as Justice Anthony Kennedy had finished announcing the U.S. Supreme Court's ruling in University of Texas Southwestern Medical Center v. Nassar, No. 12-484 (June 24, 2013), the decision was widely reported as a victory for employers — and rightly so. The Supreme Court's holding that retaliation claims under Title VII of the Civil Rights Act are to be analyzed pursuant to the traditional "but for" causation standard, as opposed to the more liberal "motivating factor" standard applicable to discrimination claims, unequivocally raised the bar for any employee pursuing a claim of retaliation under Title VII