Class-action litigation returned to the spotlight with last year’s Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes (131 S. Ct. 2541, 2011). In Wal-Mart v. Dukes, the Supreme Court refused to certify what would have been the largest-ever employment class action against a private employer.
In the wake of the Supreme Court’s decision, it was uncertain how future class-action lawsuits would be affected by the “commonality” requirement for class-action suits. Now the 7th Circuit has weighed in.
The latest ruling
In Ross v. RBS Citizens N.A. d/b/a Charter One (No. 10-3848, 7th Cir., 2012), the 7th Circuit held that two classes of employees who claimed they were denied overtime pay met the commonality requirement clarified by Wal-Mart v. Dukes.
In Ross, employees filed a class action against Charter One Bank, claiming it violated the Illinois Minimum Wage Law by refusing overtime pay. The employees sought to certify two...(register to read more)