Academic journal article Labor Law Journal

From the Editor

Academic journal article Labor Law Journal

From the Editor

Article excerpt

Dear Reader:

The first nine months of 20 1 I have been momentous in terms of the implications for labor and employment law. After a summer that saw a highly anticipated Supreme Court decision and controversial NLRB proposed rulemaking, the fall will bring even more contentious debates, as Congress moves to strip the NLRB of its powers to change its election procedures and to remedy unfair labor practices

In June, the U.S. Supreme Court decided the largest class action employment discrimination case ever, holding unanimously that a potential class, estimated at anywhere from 500,000 to over 1.5 million women, should not have been certified under FRCP Rule 23(b)(2) because the plaintiffs sought monetary relief that was not incidental to any injunctive or declaratory relief that might be available. The Court also decided, 5-4, on whether the proposed class met the commonality requirements necessary for certification under FRCP Rule 23 (a)(2), with the majority holding that the class did not meet this requirement. Accordingly, the court reversed the ruling of a sharply divided en banc Ninth Circuit, which had affirmed an earlier panel decision that affirmed certification of the case as a class action. …

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