Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 3 of 3
Full-Text Articles in Law
Who Captures The Rents From Unionization? Insights From Multiemployer Pension Plans, D. Bruce Johnsen
Who Captures The Rents From Unionization? Insights From Multiemployer Pension Plans, D. Bruce Johnsen
American University Business Law Review
No abstract provided.
Beyond Wisconsin: Public Employee Union Rights Amidst State Attacks On Public Sector Collective Bargaining, Michael L. Artz
Beyond Wisconsin: Public Employee Union Rights Amidst State Attacks On Public Sector Collective Bargaining, Michael L. Artz
Labor & Employment Law Forum
No abstract provided.
The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
The Second-Class Action: How Courts Thwart Wage Rights By Misapplying Class Action Rules, Scott A. Moss, Nantiya Ruan
American University Law Review
Courts apply to wage rights cases an aggressive scrutiny that not only disadvantages low-wage workers, but is fundamentally incorrect on the law. Rule 23 class actions automatically cover all potential members if the court grants plaintiffs’ class certification motion. But for certain employment rights cases—mainly wage claims but also age discrimination and gender equal pay claims—29 U.S.C. § 216(b) allows not class actions but “collective actions” covering just those opting in affirmatively. Yet courts in collective actions assume a gatekeeper role just as they do in Rule 23 class actions, disallowing many actions by requiring a certification motion proving strict …