Wage Law

This is slightly off topic, but on August 8, 2005, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in the Wal-Mart sex discrimination case, Dukes v. Wal-Mart. The reason this is of interest to wage and hour practitioners is because of the unique argument Wal-Mart is making in opposition to the certification of the case as a class action by the U.S. District Court. Wal-Mart has argues that due process requires that the company be given the right to defend the claim of each class member individually, such that allowing a class action actual violates the U.S Constitution.

The plaintiffs, quite obviously, counter with the argument that such a claim has been rejected in other class action cases by every court from the District Court to the U.S. Supreme Court, and that finding in favor of Wal-Mart would essentially end the class action procedure entirely.

Brad Seligman argued for the plaintiffs, and did a fine job. Wal-Mart's counsel ran into a buzzsaw when the court complained about the arrogance and lack of civility and courtest toward the court in its brief. The argument can be downloaded and heard in its entirety here.