Monday, January 30, 2012
The Seventh Circuit issued an opinion last week applying Wal-Mart v. Dukes in a class action under the Fair Labor Standards and Illinois Minimum Wage Acts. In Ross v. RBS Citizens, the district court had certified two classes: 1. all current and former hourly employees made to work more than forty hours a week pursuant to an unofficial policy; and 2. all current and former assistant branch manager employees who claimed they were misclassified as exempt employees and made to work more than forty hours a week.
The Seventh Circuit affirmed the certification as not an abuse of discretion. The employer had argued that the classes lacked commonality as interpreted by the Supreme Court in Dukes. The Seventh Circuit distinguished Dukes in a number of ways in affirming the district court's certification. In this case, the classes constituted only about 2000 employees from Illinois only, and there were a large number of affidavits supporting the claims. And the legal question of an unofficial policy did not require individual determinations of motive, unlike discrimination claims. Finally, there was no conflict, either, between a statement of official policy and the unofficial policy alleged by the plaintiff classes to have injured them.
With very few of these Courts of Appeal applications of Dukes, this adds another important development in where class actions will go from here.