In less than a decade, we have seen a soar in class actions in the employment legal arena against employers, from the infamous U.S. Supreme Court decision in the Dukes v. Wal-Mart discrimination class action, to the recent California Supreme Court decision in Brinker v. Superior Court and numerous other wage-and-hour class actions for meal breaks, rest periods, off-the-clock work, improper itemization of wage statements, improper reimbursement and unpaid overtime.
For many employment class actions, an employer can usually take proactive measures to prevent class action certification and treatment by maintaining polices in compliance with the law. This is because in determining whether to certify a class, courts analyze whether there are issues of law or fact common to the proposed class and whether those common questions predominate over individual questions.
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