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AT&T wage lawsuit cannot proceed as class-action
Court Watch |
2011/05/13 08:44
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AT&T Inc won a ruling from a Manhattan federal judge to decertify a class-action lawsuit by more than 4,100 workers who complained its mobile unit failed to properly pay wages and overtime.
The ruling, by U.S. District Judge Jed Rakoff in favor of AT&T Mobility LLC, came two weeks after the U.S. Supreme Court, by a 5-4 vote, upheld the company's ability to require customers to waive their right to class-based arbitrations to resolve disputes, even over small sums.
In the wage case, Gamze Zivali, a Brooklyn, New York resident and assistant store manager, accused AT&T Mobility of requiring her to spend 10 to 15 unpaid hours per week answering e-mails, texts and phone calls, and performing other work.
Rakoff in July 2009 granted "conditional" permission for other AT&T Mobility workers to join the case, and allege they were victims of a "common policy or plan" that violated federal labor laws. More than 4,100 workers joined the case.
But in a decision made public late Thursday, Rakoff said there was "an extremely wide variety of factual and employment settings" among the workers, their managers and retail stores.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website and help you redesign your existing law firm site to secure your place in the internet. |
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